During a Sunday broadcast, Radio ZET hosts awoke heated debate when a commentator referenced a judicial candidate’s alleged manipulation of the court lottery system, sparking accusations of hacking.
Discussion on Żurka’s Proposal
On Sunday, the host of Radio ZET mentioned a bill proposed by Justice Minister Waldemar Żurek that would alter the judicial lottery system. The proposal entailed that if a panel of three judges were to be selected, only one would be chosen by lottery while the other two would be designated by the court president. Critics argued the change merely continued Minister Bodnar’s vision and represented a step toward further politicizing the judiciary, citing the abolition of the random selection system as an example. Bartłomiej Pejo of the Confederation voiced these concerns.
Pawłowicz Hacked the System
During the discussion, a journalist recalled a 2019 incident involving Professor Krystyna Pawłowicz. She had overseen three cases, including two against Jerzy Owsiak and one involving Slavomir Nitrasek. Each time, a judge selected by lottery was appointed, and the judge’s promotion was approved as a member of the KRS. The same judge was also responsible for the “hatred scandal” case involving Zbigniew Ziobry. Commentators questioned how this was possible, noting that the lottery should have provided impartiality. The studio audience erupted, with one guest joking that Professor Pawłowicz had hijacked the system.
New Rule‑of‑Law Bill
Justice Minister Waldemar Żurek presented a “rule‑of‑law” bill on Thursday, aimed at restoring order to Poland’s judiciary. He said it complies with the Constitution and EU law, reflecting the Venice Commission’s stance, and seeks to repair judicial functioning as outlined by European Court of Justice and European Court of Human Rights judgments. The proposal also includes amendments to procedural regulations that allow a “manual” selection of two judges for a trio panel.
Classification of “neosędziowie”
The bill proposes that the so‑called neosędziowie be divided into three groups. The first, green, would comprise young judges still on post, numbering around 1,100. Those in the yellow group, promoted by neoKRS within two years, would return to previous positions but could participate in contests for currently filled posts. The red group would include judges ineligible to sit on the Supreme Court and the High Administrative Court, plus prosecutors and legal advisers appointed to judicial positions. According to Żurek, these neosędziowie could become court clerks. Deputy Minister Dariusz Mazur noted that most would remain in judicial service, with 2,200 candidates expected to stay, of which 1,100 would return to prior positions, and 450 would not qualify for jurisdiction as they never received legitimate admission to the profession or were not assessed by the correct KRS.
Bill’s Scope and Future
The legislation consists of 88 pages and is to be reviewed by the Council of Ministers next week. Żurek said the ministry is concurrently drafting related KRS reforms and other regulations to support proper judicial functioning, hoping the bill will gain presidential approval.
