Former neo-KRS head Dagmara Pawełczyk-Woicka has submitted a resignation intended to block the new National Council of the Judiciary, despite her term having already expired on May 15, 2026.
The Legal Nullity of the Resignation
Dagmara Pawełczyk-Woicka submitted her resignation as chair of the neo-KRS to the acting First President of the Supreme Court, Małgorzata Manowska. However, because her mandate and the mandates of the other 14 judges expired on May 15, 2026, the move is legally symbolic and carries no practical weight.
The transition is already underway: access cards for former members have been deactivated, system privileges revoked, and the official website now lists the members newly elected by the Sejm.
Constitutional Tribunal Rulings and Legal Doubts
Pawełczyk-Woicka cites an injunction issued by the Constitutional Tribunal on May 13 to contest the appointment process. The Tribunal had attempted to bar the Sejm from electing new members until a PiS-filed complaint was resolved.
Legal experts argue the injunction is inapplicable, as it concerned a specific secondary voting procedure that was never triggered. Because the coalition achieved the necessary majority in the first round of voting, the Tribunal’s order did not apply to the successful selection process.
Strategies to Retain Influence
Reports suggest that this resignation attempt is a tactic to force a session of the old council before the new body fully assumes control. This would theoretically allow the outgoing members to elect a new chair from the remaining personnel, such as presidential representative Grzegorz Ksepka, to obstruct the new council’s operations.
Procedural Deadlines for the First Session
Małgorzata Manowska is tasked with convening the first session of the new Council within 30 days. Should she fail to act before her own term concludes on May 26, 2026, the authority passes to the oldest judge-member of the Council, Jacek Chlebny, followed by Dariusz Zawistowski.
Reforming Judicial Policy and International Status
The new Council aims to reverse the isolation of the Polish judiciary, starting with a formal application to rejoin the European Network of Councils for the Judiciary (ENCJ). Furthermore, they intend to review the cases of approximately 150 judges who were forced into retirement under the previous administration.
Legacy and Return to Lower Courts
Former neo-KRS members are returning to their home courts, though some face significant scrutiny. Maciej Nawacki, for instance, faces disciplinary investigations and potential criminal charges related to his conduct in Olsztyn. In a symbolic shift, the European Union flag was returned to the Council’s meeting hall on May 18.
