The head of Poland’s national court registry, Judge Dagmara Pawelęczyk-Woicka, shared concerns in an interview with a Polish news outlet about the recent European Court of Justice judgment involving Judge Igor Tuleya. She warned that the ruling could pose risks to the Polish legal order and might, if acted upon, destabilize the country’s judiciary.
She also highlighted that a counterintuitive consequence of the decision is its likely lack of practical application by most courts. Only those judges who had previously referred questions to the CJEU for a preliminary ruling may feel compelled to follow such guidance. The fear is that, if courts started to reexamine a decision alongside related issues already addressed by another tribunal, the system could descend into confusion and delays. She described these prospects as absurd and dangerous to the efficient administration of justice in Poland. [Citation: wPolityce interview excerpt]
The potential for retaliation against judges?
Pawelęczyk-Woicka characterized the ruling as a cabaret-like moment that appears to justify actions against former judges in the Disciplinary Chamber of the Supreme Court and hints at broader political maneuvering. She suggested that the decision may be used to justify future coercive measures against judges who have served in the Disciplinary Chamber. Such a development would risk eroding confidence in the independence of the judiciary and could be construed as an instrument to pressure judicial actors. [Citation: wPolityce interview excerpt]
According to the judge, the ECJ’s decision could be deployed later as a deterrent or incitement against Supreme Court judges serving in the Disciplinary Chamber, raising concerns about the balance of power within Poland’s highest court system.
She noted that public commentary often cites the views of Professor Władysław Wróbel of the Supreme Court, who emphasizes respect for judicial appointments. Yet she pointed out that this respect may not extend to those in the Disciplinary Chamber, a group she says should be treated as part of the Supreme Court with equal rights. The concern is that undermining the Disciplinary Chamber would threaten all judicial careers and create a need for measures that could target pension rights or remove judges still serving on the Supreme Court. The tension underscores a broader debate about the integrity and governance of the judiciary in Poland. [Citation: wPolityce interview excerpt]
In this context, Pawelęczyk-Woicka posed a direct question about the future: will changes be used to marginalize certain judges, or could pensions and positions be altered to achieve political aims? The inquiry reflects a larger fear that strategic rulings from the EU could empower domestic actors to reshape the judiciary in ways that undermine judicial independence. [Citation: wPolityce interview excerpt]
Observers in Poland and beyond are reading the development as part of a broader pattern that some interpret as challenges to national sovereignty. The discussion touches on how EU judgments intersect with national legal orders and what that means for sovereignty, judicial self-government, and the steady functioning of courts. While some praise the EU for safeguarding rule of law, others worry about how such rulings translate into day-to-day courtroom practice and the potential for bureaucratic gridlock. [Citation: wPolityce interview excerpt]
The overarching question remains whether the EU framework should guide internal judicial reforms or whether national bodies must retain primary authority over local jurisprudence. This debate sits at the crossroads of constitutional legality and the practical realities of court administration in Poland. [Citation: wPolityce interview excerpt]
The topic remains provocative for legal scholars, practitioners, and policy experts who watch the EU’s influence on national court systems with keen interest. The debate reflects a broader global conversation about the balance between supranational judicial oversight and national judicial autonomy. [Citation: wPolityce interview excerpt]