In early October, Justice Minister Waldemar Żurek announced a controversial overhaul of the Polish judiciary, claiming the new Constitutional Tribunal plan is feasible.
Justice Minister’s Reform Blueprint
Waldemar Żurek presented a draft law in early October that the ruling coalition calls a “rule‑of‑law” measure. It focuses on about three thousand judges appointed after 2018 and involves the current National Council of the Judiciary.
The proposal divides judges into three groups. Those with the shortest tenure—those directly after the National School of the Judiciary and Prosecution—would retain their status. Others would face renewed competitive procedures.
Targeting Nearly 3,000 Judges
Judge groups are defined as “neojurorzy” (new judges). The draft also proposes eliminating a portion of the judiciary deemed illegal by the previous PiS government, notably the Chamber of Supervision and Public Affairs of the Supreme Court.
Vacancies and Funding Cuts at the Constitutional Tribunal
Last year, two reform laws passed on the Tribunal were sent to the Court, which declared them unconstitutional. Consequently, the ruling coalition halted appointments and stopped publishing decisions.
This fiscal year, the budget further cuts Tribunal funding, preventing salaries for sitting judges.
Political Uncertainty Over Candidates
Despite recent presidential elections, there is no consensus on who the coalition will nominate for the vacant Tribunal seats. The opposition has yet to present candidates, and the coalition has not committedively named nominees.
Potential Candidate Obstacles
Some political observers warn that few distinguished academics or professors are willing to serve under the current leadership, citing past tensions with figures such as President‑elect Karol Nawrocki.
Presidential Acceptance of Oaths
Even if new judges are chosen, precedent shows that presidents may refuse to administer oaths. In 2015, President Duda declined oath ceremonies for three legally elected judges, leading to the appointment of “doublers” by PiS.
