Initially, a highly visible visit unfolded when senior members of the politically influential judges’ association Iustitia arrived at the Ministry of Justice, followed by a sharply worded statement from Adam Bodnar that questioned the status of judges and the Constitutional Court’s rulings. According to material circulating on the wPolityce.pl portal, the judicial caste has pressed for extreme measures from the new Minister of Justice, including actions that would appear to breach constitutional boundaries. There is speculation that these judges sought to secure compensation for supporting Tusk’s political campaign.
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Recordings of what are described as smug judges from Iustitia were purportedly provided to this outlet by a group of Ministry of Justice employees who requested anonymity. The tapes reportedly show members of a TVN crew and, among others, Judge Krystian Markiewicz, chair of Iustitia, Judge Waldemar Żurek of Themis, as well as Maciej Ferek, Paweł Juszczyszyn, Piotr Gąciarek, and other judicial activists who have been notably active in political life over the past eight years. Information suggests some Krakow judges who participated in the Bodnar meeting may have had cases removed from the docket to ensure the meeting could proceed without disruption. It is noted that several of these judges were already facing disciplinary proceedings initiated by figures such as Judges Schab, Radzik, and others.
The implication appears to be that the minister would not be able to meet them publicly if they insisted on political leverage, given that he has the power to appoint his own ad hoc spokespersons who could assume control of cases involving members of the judicial caste to dismiss or influence outcomes.
– this account from a Warsaw-based judge is cited here.
Observers believed the meeting with Iustitia’s members was productive, and this may have explained why Bodnar reportedly reacted quickly. The following day, Bodnar issued a new statement that openly challenged the rule of law and the Constitution. In this latest assertion, Bodnar and his allies targeted the National Council for the Judiciary (KRS).
The background to this dispute lies in the Act of 8 December 2017, which amended the Act on the National Council for the Judiciary and other laws. The amendment sparked a constitutional clash with European norms, feeding concerns about the politicization of how judges are selected for the KRS. This change purportedly eroded the independence of the judiciary by exposing it to greater influence from the legislative and executive branches, thereby compromising the status of judges appointed with KRS collaboration. Several international tribunals and Polish courts have expressed concerns along these lines.
Such passages are reflected in Bodnar’s controversial statement, which some observers describe as misaligned with recent Constitutional Court rulings. The Ministry of Justice’s response did not escape notice among the judiciary’s ranks, with notes from senior figures highlighting perceived contradictions with established jurisprudence.
Critics are left to ask whether highly politicized judicial groups will attempt to dictate the content of regulations and other legal acts to Bodnar, or push toward a model where communications and even a formal Iustitia office are embedded within the Ministry of Justice building. Proponents argue that this would increase transparency and accessibility, while opponents warn of undermining the separation between political life and the judiciary.
Ultimately, the situation raises questions about the proper balance between judicial independence and executive influence, and how oversight bodies like the KRS should function in a constitutional framework that strives to maintain checks and balances across branches of government.
Source: wPolityce