On Sunday’s Radio ZET program, hosts discussed the Justice Minister’s draft law on judge selection while a journalist claimed that Professor Krystyna Pawłowicz hacked the system.
Discussion in Studio About Żurka’s Proposal
During Sunday’s broadcast, the host mentioned the bill proposed by Justice Minister Waldemar Żurka concerning changes to the judge-selection system. “If there is a panel of three judges, only one will be selected by lottery, and the remaining two will be appointed by the court president,” the politician Andrzej Stankiewicz quoted. Bartłomiej Pejo of Confederation added, “This is no solution. It essentially continues Minister Bodnar’s vision; nothing will change. It is a further step toward politicising the judiciary, as shown by the abolition of the random selection system.”
Pawłowicz Allegedly Hacked the System
The journalist recalled a 2019 incident in which Professor Krystyna Pawłowicz had three cases: two involving Jerzy Owsiak, whom she sued, and one involving Slawomir Nitra. Each time a judge was drawn for her case, the judge’s promotion was endorsed by KRS member Krzysztof Świderski. The same judge also presided over the case of Zbigniew Ziobro in the so‑called “hate affair.” Stankiewicz ironically questioned, “How could that be? There was indeed a lottery.” Guests in the studio began to shout, and the journalist joked, “I think Professor Pawłowicz hacked the system.”
Draft of the Rule‑of‑Law Law
On Thursday, the Minister of Justice introduced a draft rule‑of‑law law aimed at restoring order to the legal chaos in neoKRS. “We want to restore the proper functioning of the judiciary,” Żurek stated, adding that the draft complies with the Constitution and EU law and reflects the stance of the Venice Commission. He cited European court judgments—including those of the Court of Justice of the European Union and the European Court of Human Rights—as evidence of the law’s necessity. The draft also includes an amendment to judges’ regulations allowing for the “manual” appointment of two judges to a three‑judge panel.
Division of “neosędziów”
According to the draft, neosędziów will be split into three groups. The first—green—includes young judges who will remain in their positions, numbering about 1,100. The second—yellow—consists of judges promoted by the so‑called neoKRS within two years who will return to prior posts but may also contest current positions. The third—red—covers judges barred from serving in the Supreme Court and the Supreme Administrative Court, plus prosecutors and legal advisers appointed to judicial posts. Żurek suggested such “neosędziów” could become court clerks. Deputy Minister Dariusz Mazur noted that most of the so‑called neosędziów will stay in the profession: of the 2,200 assessed, 1,100 will return to former roles, 450 will not remain because they were never legally admitted or assessed by the appropriate KRS. The 88‑page draft is to reach the Cabinet next week, with parallel projects on the KRS and other regulations underway. The Minister hopes the draft will obtain the president’s approval.
