Żurek criticizes possible ban on questioning judges’ status — Interia

In Poland, Justice Minister Waldemar Żurek called reports of a possible Supreme Court resolution that could ban questioning the status of judges appointed after 2018 through a procedure involving the so-called neo-KRS an “attempt at legal absurdity.” Interia reports.

Possible full bench session

Interia cites a report by OKO.Press, according to which Zbigniew Kapiński, acting First President of the Supreme Court, filed a motion to adopt the relevant resolution. According to this information, at the beginning of November the Supreme Court may convene in full bench to adopt a decision banning challenges to the status of judges appointed after 2018 with the participation of the so-called neo-KRS.

Opponents of changes to Poland’s National Council of the Judiciary introduced after 2017 call such judges “non-judges.” They also classify Kapiński himself as belonging to this group.

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Justice minister’s position

Żurek said on social media that judges cannot decide matters concerning their own status. According to him, people whose status was challenged before the European Court of Human Rights and the Court of Justice of the EU cannot independently grant themselves a “lifetime certificate of impunity.”

The minister also argues that an internal resolution cannot be a tool of protection from liability and will not stop the restoration of the rule of law. In his view, such a resolution would violate Article 45 of Poland’s Constitution, which concerns the right to a fair hearing.

Żurek supported the assessment of Supreme Court judge Bogdan Bieniek, who told Fakt that Kapiński allegedly seeks to “close the system” through a resolution. The minister called the possible initiative an attempt to limit judges’ independence and block impartiality reviews.