On 12 November, Justice Minister Waldemar Żurek condemned President Karol Nawrocki’s decision to block the nomination of 46 higher‑court judges, citing constitutional obligations and warning of legal ramifications.
Minister Awaits Official Nomination List
Waldemar Żurek said his office and his secretariat are still awaiting the President’s office to provide the list of the 46 nominated judges. He emphasized the importance of the nominative list for the judicial process and considered the lack of information as a possible extra‑constitutional factor behind the refusal.
“Freezer” Holds Nearly 100 Judge Candidates
Žurek noted that in the President’s so‑called “freezer,” about a hundred candidates were waiting for the position of judge. He described these candidates as those who had passed the competition before the so‑called neoKRS, the institution now excluded from the European network of national judicial councils, which is also being questioned by Polish judges and European tribunals.
Constitutional Cooperation Between President and National Judicial Council
Żurek underscored that the Constitution clearly defines cooperation between the President and the National Judicial Council (Krajowa Rada Sądownictwa) in the nomination process. The Council conducts the competition, while the President grants the nomination. He warned that if only the President were able to decide on who becomes a judge, the entire constitutional article on the National Judicial Council would have to be struck out.
Critique of President’s “Poisoned Whispers” Remark
Żurek also rebuked the President’s statement that for five years there would be no promotions for judges who listen to “poisoned whispers” from the Justice Minister. He compared such whispers to the language used during Gomułka’s era and declared it contradictory to the Constitution.
Potential Expansion of Presidential Authority and Legal Implications
Żurek warned that if the President’s decision is founded on extra‑constitutional grounds, it would amount to an attempt to widen the head of state’s competences. He said the refusal could deepen paralysis in the courts and that the decision should be treated as an administrative act subject to judicial control.
Draft Bill Aims to Clarify Judicial Nominations
Żurek noted that the government is working on a draft law on the National Judicial Council designed to bring order to the nomination system and resolve disputes about judge status. He added that it would be difficult for the President to ignore signing this bill.