Judges are supposed to be afraid – that’s the intended effect of the actions taken by the new Minister of Justice, Waldemar Żurek. It’s not just about suspending court presidents. That’s the least of the problems. He is threatening them with criminal and even financial liability for issuing rulings.
At Thursday’s press conference, Waldemar Żurek openly boasted that in his first days in office as Minister of Justice, he suspended nearly fifty court presidents and vice-presidents across Poland. He must have been very pleased with himself, as he repeated this information during a media tour with outlets whose staff did not ask uncomfortable questions – especially about the consequences of the purge.
“Such mass decisions, made without individual justification, violate the principle of judicial office stability and raise questions about the true intentions of the ministry. The procedural ‘suspension’ has become a de facto tool for removing judges from service,” explained Judge Franciszek Michera of the District Court in Olsztyn to Codzienna.
A farce in Szczecin
Żurek’s actions are already having dire consequences. Just a few days ago, the District Court in Szczecin was led by four individuals. But among those suspended by the minister were President Piotr Szarek and Vice-President Rafał Lila. There was speculation that Joanna Wieczorkiewicz-Kita might take over leadership, but on Thursday, July 31 (the day of Żurek’s press conference), she was stopped by police for a traffic check. Tests showed she was driving under the influence. As a result, she was also suspended. That left only Vice-President Anna Stasiewicz-Kokotowska, who is now expected to manage the large court on her own.
“It’s a difficult situation,” admitted Judge Michał Tomala, spokesperson for the Szczecin court, to Codzienna. When will a new president be appointed? “That’s a question for the Ministry of Justice,” he replied.
Attack on judges
Żurek, however, is going much further. He suggested applying the regress mechanism in cases of compensation related to rulings issued by judges appointed after 2018 – meaning they would have to pay out of their own pocket (more on this topic in the latest issue of Gazeta Polska).
Judge Michera admits the minister’s actions are deeply troubling.
“For years, he portrayed himself as a symbol of the fight for judicial independence. Now he’s using methods he once publicly warned against. He uses the derogatory term ‘neo-judges’ to justify sweeping personnel decisions. Yet no judge should be excluded from professional life based on political labels. These practices strike at the heart of judicial independence and erode the credibility of the justice system,” says a lecturer at the Academy of Justice.
This directly threatens a paralysis of the system. “Instead of stability and rebuilding public trust in the courts, we are witnessing mass purges and attempts to subordinate the judiciary to current politics. Slogans about the rule of law have become a convenient smokescreen for actions that in fact undermine judicial independence,” Judge Michera assessed.
No contact with deputies
The Minister of Justice is also the Prosecutor General. Has Żurek reached out to his deputies?
“Not at all. He probably won’t, just like Bodnar didn’t. And it’s not just about me, but also Prosecutors Robert Hernand, Krzysztof Sierak, and Tomasz Janeczek,” Prosecutor Michał Ostrowski, the lawful Deputy PG, told Codzienna. No one has removed him from his position.
“However, on Tuesday (August 5), a session of the disciplinary court at the Prosecutor General’s Office is scheduled regarding the extension of my suspension for another six months. It’s about launching an investigation into an attempted coup. I’ll likely remain suspended,” he added.
Meanwhile, a different ruling has already been issued. Just before it was announced that Żurek would become Minister of Justice, the District Court in Jelenia Góra forbade Prosecutor Ostrowski from sharing an old photo from the ‘March of a Thousand Robes’, in which Żurek is seen making a middle finger gesture. The current minister claims the photo is manipulated. Importantly, Ostrowski learned about the injunction… from the media. The court never properly notified him, issuing the decision in absentia.
“I haven’t lived at the address near Jelenia Góra for years. But correspondence can easily be sent to the National Prosecutor’s Office, which knows where to forward it,” he noted.
That photo has been shared by hundreds, if not thousands, of people – including lawyers. Yet Żurek took legal action only against Ostrowski. Why? “Probably because I still hold a key position in the prosecution service. And by targeting me – although I won’t be intimidated – he wants to instill fear in other prosecutors,” assessed Prosecutor Ostrowski.
Quite the debut…
Żurek makes no secret that one of his targets is the National Council of the Judiciary (KRS). The forms of pressure and threats, however, vary. Not just from the minister, but also from those close to him. One bizarre example is a letter sent to the KRS chairperson. The sender: Judge Mariusz Ulman – appointed by Bodnar to the already-occupied post of disciplinary spokesman for common court judges.
“I was surprised that weeks passed with no attempt at contact. Today, spokesman Ulman decided to introduce himself,” commented Judge Dagmara Pawełczyk-Woicka. “I must say, the form was highly original, especially considering that this man is supposed to uphold judicial ethics. Like minister, like office,” she added.
It turned out that right from the start, he was threatening… a prosecutor!
“Please ensure without delay (…) administrative support and provide premises for the organizational unit established within the National Council of the Judiciary Office – under penalty of reporting a possible criminal offense,” Ulman wrote.