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Supreme Court Upholds Neo‑Judge Rulings; Minister Rejects Recognition

On Wednesday, Polish Supreme Court chambers confirmed that all decisions, even those involving newly appointed ‘neo‑judges’, remain valid— a stance rebuked by Minister Waldemar Żurek who said the move would not be accepted.

Supreme Court Resumes Stance on Neo‑Judge Appointments

Combined chambers adopted a resolution affirming Supreme Court rulings as valid regardless of neo‑judge participation.

They declared that no court or public authority can invalidate a Supreme Court decision or overlook its effects based on EU law.

Abandonment of 2019 Labor Chamber Principle

The resolution nullifies the 2019 Labor Chamber ruling that considered decisions with post‑2018 appointees invalid.

Seven pre‑2018 judges had previously declared such rulings as “nonexistent” and “invalid”.

IKNiSP Still Unrecognised

Established in 2018 by the Law and Justice party, the extraordinary control chamber judges only the neo‑judges.

Neither the current Polish government nor EU bodies acknowledge the chamber as a court.

Minister Waldemar Żurek Critiques the Resolution

He calls the move “an attempt to reverse reality” and says it will not be recognised.

He warns that each neo‑judge appearance could trigger European Tribunal claims and compensation for taxpayers.

Legal Impact on Neo‑Judges Unchanged

Żurek states the decision “does not affect the status and privileges of neo‑judges”.

The prosecutor general adds that lacking decisive action post‑2023 elections leads to such decisions.

Future Legislative Steps Anticipated

The Justice Ministry indicates plans to normalise the situation through statutory changes.

Further details will be announced once measures are enacted.

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