Poland has already paid approximately 5 million Zloty in compensation for 100 cases lost before the European Court of Human Rights due to rulings by judges appointed under the current National Council of Judiciary.
Poland’s Losses at the ECHR
Poland has suffered defeats in 100 cases before the European Court of Human Rights (ECHR), stemming from complaints filed by individuals who received rulings from judges appointed with the involvement of the current National Council of Judiciary.
According to Deputy Minister of Justice Dariusz Mazur, these figures include both concluded and ongoing proceedings initiated by citizens alleging violations of their right to a fair trial due to rulings by so-called “new judges.”
Parliamentary Inquiry and Government Response
The information was provided in response to a parliamentary interpellation by Sebastian Kaleta, a former Deputy Minister of Justice, who requested details on compensation paid by the Ministry of Justice between December 13, 2023, and the date of the response, related to complaints to the ECHR concerning the alleged improper staffing of courts with judges appointed or promoted after 2018.
Kaleta also inquired about the number of cases settled through government agreements versus those decided by final ECHR rulings.
Coordination and Financial Responsibility
Dariusz Mazur explained that coordination of proceedings before treaty bodies and the execution of compensation payments fall under the responsibility of the Minister of Foreign Affairs, with funds allocated within that ministry’s budget for implementing ECHR judgments and settlements.
Financial Impact of Judicial Council Actions
Mazur stated that the actions and flawed operations of the current National Council of Judiciary are resulting in real financial losses for the state budget. He cited a 550 million Euro penalty imposed by the Court of Justice of the European Union due to the activities of the now-defunct Disciplinary Chamber of the Supreme Court, established with the participation of a improperly constituted KRS.
Additionally, Poland has already paid approximately 5 million Zloty in damages for 100 cases lost before the ECHR, with another 1000 proceedings pending, potentially leading to an additional 50 million Zloty in payouts. The problem is long-term, as improperly appointed judges could continue to rule for years to come.
Compensation to Waldemar Żurek
Kaleta also asked whether Minister of Justice Waldemar Żurek had received any compensation or benefits from the state treasury in connection with a complaint to the ECHR based on rulings by judges appointed after 2018.
No Compensation Received by Minister Żurek
Dariusz Mazur confirmed that Minister Waldemar Żurek did not receive any compensation or benefits from the state treasury as a result of filing a complaint with the ECHR alleging improper court staffing with judges appointed or promoted after 2018, relating to a violation of Article 6 of the European Convention on Human Rights regarding the right to a fair trial.