The President’s Office has denounced Justice Minister Waldemar Żurek’s latest court reform, arguing it threatens judicial independence and constitutionality.
New Regulation Introduces Random Judge Assignment
On Tuesday, September 30, a regulation altering court work principles was issued, changing the system of random case allocation (SLPS). Justice Minister Waldemar Żurek said the goal is greater transparency and efficiency. He stated: “We eliminate the risk of judgments issued by illegal compositions, and the citizen gains certainty that his case will be heard quickly by an independent court.”
Minister’s Arguments for the Reform
Żurek said the previous system, where entire judge compositions were drawn, paralyzed courts, citing that one judge often handled many compositions, causing citizens to wait years for judgments. The new rules will have SLPS draw only a referral judge; the remaining composition members will be selected according to each court’s rules, determined by the court president and reviewed by the court collegium. He added that the changes align with the European Court of Human Rights, which affirms citizens’ right to a lawful court.
Opposition Accuses of Undermining Independence
Opposition politicians argue the reform could increase court control. Karol Nawrocki and his office criticized the move as a test of judicial independence and accused Minister Żurek of attempting to bypass law with a lower-order act. Nawrocki wrote that the regulation effectively replaces law because the minister knows he cannot legally introduce these changes without infringing judicial independence and citizens’ access to a court.
President Declares Constitutional Violation
President Karol Nawrocki claims the minister’s actions violate the Constitution. He warns that replacing laws with regulations undermines constitutional order and democratic legitimacy, and introduces unchecked rules that could allow political manipulation of judge selection, jeopardizing public trust. He urges judges to remain independent under the Constitution and laws, resisting any undue pressure.
