A Thousand Vacancies: Poland Weighs Retaining Senior Judges

Facing a shortage of roughly one thousand judicial positions, the National Council of the Judiciary is fast-tracking applications from veteran judges seeking to continue service beyond the age of 65.

Clearing the Backlog of Judicial Applications

Dozens of judges approaching or having reached age 65 are awaiting decisions on their continued service. The new National Council of the Judiciary (KRS) has announced an expedited review of pending requests, emphasizing that the current staffing crisis makes the expertise of these senior judges essential.

One of the primary objectives of the new KRS is to resolve the backlog regarding judges who wish to remain on the bench. This issue intensified over recent years due to rejections from the previous Council and ongoing legal debates concerning its constitutional status.

Expediting the Review Process

KRS Chairman Dariusz Zawistowski confirmed that the Council began analyzing overdue cases on June 15. On that day, the Council reviewed only applications for continued service, resulting in the approval of six judges and the overturning of previous rejection resolutions.

With roughly 30 cases yet to be reviewed and dozens more pending, the Council is forming additional teams to accelerate proceedings. Current regulations require judges to submit a declaration of intent and a medical certificate confirming their physical and mental fitness to perform judicial duties.

Staffing Shortages and Legal Disputes

The Polish judiciary currently struggles with approximately one thousand vacant judicial seats across all levels. Because the appointment process for new judges is lengthy and often delayed, retaining experienced personnel is viewed as a necessary step to prevent further court backlogs.

The situation remains complicated by disputes over the legitimacy of the previous KRS composition. Some judges historically submitted their service extension requests to the Ministry of Justice instead of the Council, leading to a state of uncertainty for dozens of sitting judges.

Proposed Legislative Overhaul

The Ministry of Justice is working on new legislation to simplify the extension process. The proposal seeks to remove the KRS from the decision-making loop, allowing judges to continue service based on a medical certificate and a notification sent to the president of the relevant appellate court.

Furthermore, the reform suggests allowing judges over 65 to reduce their caseload by 25 to 75 percent, provided they do not hold managerial functions. Critics, including lawyer Paweł Dziekański, argue that these changes are necessary to restore judicial independence and remove the discretionary power of political bodies over a judge’s tenure.