Polish Justice Minister Waldemar Żurek sharply criticized President Karol Nawrocki’s draft changes to the National Council of the Judiciary, calling them a threat to the rule of law.
Nawrocki’s Draft Faces Harsh Criticism
Justice Minister Waldemar Żurek strongly condemned President Karol Nawrocki’s proposed changes to the National Council of the Judiciary, labeling them a “legal monstrosity.” The minister left no aspect of the proposals unchallenged, deeming them incompatible with the principles of the rule of law.
The core of the dispute centers on provisions that would impose lengthy prison sentences on judges applying European Union law.
Proposal Includes Prison Terms for Judges
In February 2026, Karol Nawrocki vetoed a law concerning the National Council of the Judiciary and subsequently presented his own reform proposal. This proposal entails sweeping changes to the functioning of the judiciary, including the introduction of criminal liability for judges questioning the status of so-called “neo-judges.”
Under the draft, refusing to preside in a case involving such a judge could result in a prison sentence of 5 to 10 years, as well as loss of office. This measure directly impacts the practice of applying EU law, which allows for scrutiny of judges’ independence and the legality of their appointments.
Criminal Liability for Applying EU Law
In practice, this means a judge applying EU law could face criminal charges for fulfilling their obligations under that law.
Żurek’s Strong Reaction
Waldemar Żurek, speaking with portal xyz.pl, responded to the proposal in a clear and uncompromising manner: “This is a curiosity and a legal monstrosity – it provides for penalties for judges for applying EU law, even up to 10 years imprisonment. These are solutions that are unacceptable.”
The minister emphasized that the project resembles the most restrictive solutions known from previous changes in the judiciary, referred to as the so-called “gag law.” He believes the proposal could deepen legal chaos and escalate the conflict surrounding the justice system.
Background and Potential Conflict with the EU
Żurek also pointed to the background of the project’s creation, indicating the influence of circles associated with former Justice Minister Zbigniew Ziobro.
The draft has been referred to the Venice Commission for assessment of its compliance with European standards of the rule of law. This step alone demonstrates the serious controversies sparked by the proposed provisions.
Experts emphasize that the introduction of penalties for applying EU law would be an unprecedented solution across the entire European Union, potentially leading to another serious dispute between Poland and EU institutions.
“Plan B” and Growing Opposition
In response to Karol Nawrocki’s actions, Minister Waldemar Żurek announced the development of an alternative concept for changes, referred to as “Plan B.” This plan involves introducing bottom-up elections of judges to the National Council of the Judiciary.
Paradoxically, the president’s project had the opposite effect of what was intended, raising doubts and growing opposition to the proposed changes within the judicial community.
“Paradoxically, the actions of the President’s Chancellery have strengthened my Plan B,” Waldemar Żurek noted.
