When the opinions of judicial self-government bodies carry less weight than the decision of a single person, we lose control and the system of checks and balances. This is not about the “good of the judiciary,” but a step toward its destruction – this is how the Independent Association of Prosecutors Ad Vocem commented on Justice Minister Waldemar Żurek’s decision to dismiss 25 court presidents and vice-presidents despite negative opinions from court boards.
Justice Minister Waldemar Żurek has dismissed another 25 court presidents and vice-presidents. In total, 45 people have already been stripped of their posts, in line with his announcement made at the beginning of his tenure, the Ministry of Justice reported on Monday. The decision affecting 25 judges was made despite the fact that court boards gave negative opinions on the requests for their dismissal. The ministry explained it as follows:
“The negative opinions of the boards were not decisive, because the current boards were appointed under provisions that limited judicial self-government, and in most cases their members were designated by the former justice minister, Zbigniew Ziobro.”
Żurek’s actions provoked strong opposition in parts of the legal community. Among those who commented was Warsaw judge Jakub Iwaniec. In his view, the justice minister’s conduct is a “masterpiece of legal ignorance.”
“First, he suspends court presidents to have grounds for dismissing them and turns to the boards to give, in accordance with the law, positive opinions that would enable dismissal. Then, when the boards give their opinions, but negative ones, he disregards the boards and dismisses the presidents anyway. This man will go down in the history of lawlessness, and his actions and fate will be studied in law schools… and beyond,” he wrote on platform X.
Judge Kamil Zaradkiewicz, on the other hand, emphasized that “the Constitution of the Republic of Poland contains no legal category of ‘judicial self-government.’” He added that “this is an invention of the post-communist oligarchy, whereas courts and judges exercise public authority on behalf of and for the benefit of the citizens of the Republic, and are not just another professional guild like cobblers or tailors.”
The Independent Association of Prosecutors Ad Vocem assessed Żurek’s decision as “yet another step toward limiting the independence of the judiciary.”
“The argument that the boards are ‘improperly constituted,’ and therefore their opinions can be ignored, sets a dangerous precedent,” the statement stressed.
“In a democratic state governed by the rule of law, judicial institutions must operate in accordance with the law—not political logic. When the opinions of judicial self-government bodies carry less weight than the decision of a single person, we lose control and the system of checks and balances. This is not about the ‘good of the judiciary,’ but a step toward its annihilation,” it added.
The association expects that “the legal community will make a clear declaration: such decisions break the fundamental principles of justice and may undermine citizens’ trust in the courts.”