Ministry of Justice Rejects Ombudsman Proposals to Change Judicial Assessor Appointment Procedure

The Polish Ministry of Justice has rejected proposals from the Ombudsman to reform the appointment procedure for judicial assessors, stating there are no grounds for legislative changes. . **Body:**

No Changes to Assessor Appointments

The Ministry of Justice does not plan to change the regulations concerning the appointment of judicial assessors. Deputy Minister Dariusz Mazur assessed that there are no grounds to initiate legislative work on this matter.

In mid-July, the then-Ombudsman Marcin Wiącek appealed for a change in the procedure, suggesting that appointments could occur by operation of law upon passing the judicial exam or be handled by a body outside the executive branch.

Constitutional Concerns and the Prime Minister’s Countersignature

Wiącek pointed to a June 25 Constitutional Tribunal ruling that found the requirement for the Prime Minister’s countersignature on assessor nominations unconstitutional. The Ministry of Justice stated that this decision is not a legal ruling and will not be respected.

In late July, President Karol Nawrocki handed over nomination acts to over 200 graduates without the Prime Minister’s prior countersignature. Last Wednesday, Prime Minister Donald Tusk signed the first of these nomination documents after noting the constitutional obligation was initially unfulfilled.

Ombudsman’s Arguments for Reform

The Ombudsman argued that the current model raises doubts regarding the independence of the appointment mechanism from the executive power and causes long delays for candidates awaiting confirmation.

Wiącek noted that since rejections are extremely rare, legislative changes should be considered to guarantee the stability of assessors’ status and citizens’ rights to an independent tribunal.

Ministry of Justice Response

In early August, Deputy Minister Dariusz Mazur addressed the Ombudsman, stating that while the ministry shares the concern for the suspended applicants, the legislative proposals cannot be supported.

Mazur argued that acquiring status by operation of law would remove any assessment of a candidate’s moral fitness, and concentrating selection and creation in the KRS without countersignature would lack parliamentary accountability.

The Ministry of Justice assured that while the appointment model remains unchanged, the issue of procedural time pressures on applicants is being reviewed for potential targeted analyses.