New regulations in Poland, effective immediately, grant judicial and prosecutor candidates a third attempt at the professional exam, though this year’s applicants won’t benefit.
More Attempts at the Exam
The number of attempts allowed for the judicial and prosecutor exam has been increased, though the change will not affect candidates taking the exam this year, as the professional exams take place at the beginning of the year.
The amendment to the Act on the National School of Judiciary and Public Prosecution, effective April 16th, increases the number of attempts. Previously, two attempts were permitted, with failure closing the path to becoming a judge or prosecutor.
2025 Exam Statistics
In 2025, 258 individuals took the written part of the judicial exam, with 211 advancing to the oral section. Ultimately, 176 candidates passed the exam.
Limited Increase in Attempts
The limit on exam attempts remains, but applicants who have twice failed will now receive a third opportunity, provided it’s taken within five years of completing their traineeship.
Those who missed the first exam without permission or interrupted it without justification will still have two attempts. Applicants who skipped the first attempt without permission or unjustifiably interrupted it will have only one attempt.
Criticism of the Changes
The Association of Graduates and Trainees of the National School of Judiciary and Public Prosecution, Votum, expressed dissatisfaction with the changes.
Maciej Świder of Votum stated that while he welcomes the changes after a year of advocacy, the scope is insufficient, arguing that completely removing the limit or significantly increasing the number of attempts would be a better solution. He criticized the Ministry’s arguments, noting that doctors are also held to high standards yet can retake exams multiple times.
Swider also lamented the delayed implementation, as this year’s candidates will not benefit.
Differing Opinions on the Number of Attempts
Prosecutor Jacek Skała, Chairman of the Main Council of the Trade Union of Prosecutors and Employees of the Public Prosecutor’s Office, believes three attempts are sufficient.
Skała argues that the judicial and prosecutor exams are extremely difficult and require extensive preparation, and that a degree of luck is involved, justifying a third chance. He also pointed to the two attempts allowed in university studies, followed by a commission exam.
Concerns Regarding Stipend Repayment
Skała raised another issue: the repayment of stipends after failing the exam (previously after two attempts, now after three). He suggested allowing “working off” the stipend through work as a prosecutor’s or judge’s assistant, or as a court or prosecutor’s office employee, as the amounts are substantial.
Lack of Appeal Process
Votum also appealed to the Ministry of Justice to introduce the possibility of appealing a negative exam result to maintain the applicant’s constitutional right to a court. The Ministry responded that it does not plan to make such changes.
Votum has also long advocated for linking stipend amounts to judges’ salaries, ensuring automatic indexation, rather than discretionary adjustments.
Petition for Unlimited Attempts
The Ministry of Justice received a petition calling for the removal of the limit on the number of attempts for the judicial and prosecutor exams, arguing that there is no rational basis for treating judicial and prosecutor trainees differently from other legal professions.
The petition highlights that other legal professions, such as legal counsel, advocates, notaries, and bailiffs, have no limits on the number of exam attempts, as do other professions requiring public trust, such as architects, construction engineers, and specialist doctors.
The author of the petition also points out that a legal counsel or advocate can apply for the position of judge after three years of practice, without the need for a judicial apprenticeship. They also emphasize the rigorous, multi-stage training process that KSSiP applicants undergo.
