Human Rights Commissioner confirms Ministry of Justice supports changing law prohibiting Supreme Court judges from marrying each other.
Controversy Around Art. 32 of Supreme Court Act
Article 32 of the Supreme Court Act states that persons related by blood up to the second degree or by affinity up to the first degree, as well as spouses, cannot simultaneously be judges of the Supreme Court. This provision also applies to judges of the Supreme Administrative Court.
Until 2018, spouses could only not work in the same chamber, adjudicate within the same panel, nor could one be subordinate to the other in service.
Current Legal Situation
The prohibition was introduced in the Supreme Court Act that came into force in spring 2018. In a July 2018 amendment, it was stipulated that the marriage prohibition doesn’t apply to spouses who were Supreme Court judges on the day the new act came into force.
This creates a differentiation in the legal situation of Supreme Court judges in marital relationships. Judges married before the amendment don’t risk disciplinary charges, while those marrying after it could face serious violation charges.
RPO’s Position
The Human Rights Commissioner considers this prohibition a disproportionate restriction on the right to respect private and family life. The pre-2018 solution, while potentially questionable, was more balanced with judges’ personal rights.
When the prohibition was introduced, it was justified by maintaining judicial impartiality and independence in the Supreme Court and Supreme Administrative Court. The Commissioner argues these goals can be achieved through less radical measures.
Next Legislative Step
In a response posted Thursday, Deputy Minister Mazur confirmed the Ministry of Justice shares the view that the provision is too restrictive and agrees it needs changing.
The Deputy Minister informed that the RPO’s letter from December 23, 2025, along with the Ministry’s position, has been sent to the Codification Commission for the Judiciary and Prosecution Service. They’ve requested this agreed position be incorporated in the commission’s work on a new Supreme Court Act.
“Rzeczpospolita” recently reported that the commission has prepared a draft of a new comprehensive act on the Supreme Court, which would be presented to Minister Waldemar Żurek in the coming days.