Justice Minister Waldemar Żurek affirmed his commitment to judicial reform following a European Court of Justice ruling on “neo-judges.”
Minister Żurek Responds to TSJ Ruling
Justice Minister and Prosecutor General Waldemar Żurek stated that the Court of Justice of the European Union (TSUE) did not close the case of “neo-judges,” but instead confirmed a systemic problem with flawed appointments in both common courts and the Supreme Court.
Żurek intends to continue his reform, writing, “We expected this verdict. The reform must be completed; citizens must be certain that their case is decided by a judge, not a political nominee disguised in a robe.” He added that “we have a remedy” – the Rule of Law Act.
Political Divisions Following the Verdict
Deputy Justice Minister Dariusz Mazur commented on the TSUE’s ruling in case C-521/21, stating it “confirms the existence in Poland of a systemic problem of improperly appointed judges and a flawed formation of the neo-KRS.”
Mazur also noted that, according to the Tribunal, the assessment of a judge’s independence should include not only the flaw in the appointment but also other circumstances related to the nomination and career path. He added that the TSUE also confirmed the obligation for courts to disregard provisions and rulings that block the examination of a judge’s independence, and properly staffed courts should independently assess such motions.
TSUE: Flawed Appointment Alone Is Insufficient
The Court of Justice of the EU ruled on Tuesday that a mere irregularity in the appointment of a judge involving the KRS after the changes in 2017 is not sufficient to establish a lack of independence. A comprehensive assessment of all circumstances surrounding the appointment is necessary.
The case concerns a prejudicial question posed by the Poznań-Stare Miasto District Court in connection with a motion to recuse a judge appointed with the involvement of the neo-KRS. The ruling may have significance for thousands of judges in common courts appointed after the changes to the KRS.