End of KRS Approval for Judges Working Past 65? Government Proposes Changes

The Polish government has approved a legislative draft amending the Law on the System of Common Courts to simplify judges continuing their work past age 65 and reform secondment rules.

Government Proposes Changes to Common Courts Law

The draft amendments to the Law on the System of Common Courts, adopted on Tuesday by the government, aim to make it easier for judges to continue adjudicating after turning 65 and introduce new rules regarding their delegation to administrative tasks, including at the Ministry of Justice.

In the coming years, the number of judges retiring will significantly increase. The new solutions are intended to allow those who want to keep working to remain in active service while reducing situations where judges are excluded from adjudicating for long periods, according to the official post-cabinet announcement.

Removal of KRS Approval for Judges Over 65

The amendment primarily focuses on simplifying the procedure for extending a judge’s career past the age of 65 by excluding the National Council of the Judiciary (KRS) from the process.

Currently, a judge retires upon turning 65 unless they declare to the KRS their will to continue holding office and present a medical certificate confirming they are fit for duties. The KRS may then agree if justified by the interests of justice or public interest.

Following the planned change, judges over 65 will no longer need KRS approval to keep adjudicating, and the decision will depend solely on the judge and a medical confirmation of fitness to perform duties.

The proposed amendment returns to solutions from several years ago, where a judge remained in active service if they declared their intent and submitted a health certificate no later than six months before turning 65, allowing them to serve until age 70.

Adjusting Workloads and Re-entering Adjudication

The draft also introduces the option for judges deciding to serve past 65 to reduce their case allocation by no less than 25 percent and no more than 75 percent.

Furthermore, retired judges will be able to return to adjudicating based on a submitted declaration and appropriate medical certificate, provided the declaration is made no later than the day the judge turns 69.

New Rules for Non-Adjudicating Secondments

Regarding secondments outside of adjudication—such as to the Ministry of Justice or the Ministry of Foreign Affairs—the draft stipulates that delegations other than to another court will be limited to a maximum of four years, ending indefinite secondments.

In addition, every non-adjudicating secondment must be justified, taking into account the actual necessity of the solution and the impact of the delegation on the functioning of the court where the judge normally adjudicates.

According to plans, the new regulations would enter into force on the first day of the month following 21 days from their promulgation.