Polish Justice Minister Waldemar Żurek is accused of exceeding constitutional limits, raising concerns that he may be breaking the law more thoroughly than former minister Jarosław Ziobro.
Żurek’s Constitutional Overreach
Bartosz Pilitowski argues that Żurek not only ignores existing legislation but also claims the Constitution itself permits him to bypass statutes, calling this “dispersed constitutional control.” He suggests that Żurek uses this concept to justify executive actions that exceed legal boundaries.
Randomisation of Judicial Panels: A Contested Practice
The article explains that random selection of judges has been a key reform post‑Ziobro, designed to ensure fairness and protect human rights. Żurek’s new regulation removes this random element, allowing court presidents to set panel composition rules, a move that Pilitowski characterises as undermining the system’s safeguards.
Executive Power vs. Judicial Independence
Żurek’s actions are seen as an expansion of executive authority into judicial territory. Pilitowski references historic examples where judges used similar justifications to alter legal outcomes, and warns that giving ministers the power to override judicial decisions threatens the separation of powers enshrined in the Constitution.
Parliamentary and Public Response
Former cabinet member Adam Bodnar’s past appointments of court presidents followed established legal procedures, whereas Żurek dismissed 46 officials in a single move. The text notes that court staff and politicians have expressed alarm, arguing that such dismissals violate both the Constitution and professional integrity.
Analyst’s Perspective: Bartosz Pilitowski
As an observer, Pilitowski maintains that Żurek’s legislation departs from constitutional norms and robs the judicial system of transparency. He stresses that the European Convention on Human Rights requires random judge selection, a requirement that Żurek’s policy would negate.
