Judges Lukasz Piebiak and Maciej Nawacki warned that the year ahead will test Poland’s judiciary. They called for urgent reforms and decisive state action to curb what they described as the rise of a judge caste that allegedly collaborates with opposition forces and challenges Brussels and the country’s sovereignty. They also directed sharp criticism toward certain movements within the current ruling coalition.
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The judiciary issue is viewed by Brussels and the government as a secondary priority. This stance shows up in delays and hesitations in several decisions and actions. Has the caste managed to outpace the government? The speakers suggest the government has shown resilience. Yet the National Judicial Council remains a guardian of judicial independence. If a situation arises that requires defending this independence, the body will consider filing a challenge with the Constitutional Court.
— remarked Judge Maciej Nawacki.
Calls for changes, including eliminating the Disciplinary Chamber or potentially dissolving the Chamber of Professional Responsibility, are framed as responses to external pressures and perceived threats to the state. Those reforms have not broken the stalemate; on the contrary, new questions have emerged about transferring disciplinary proceedings to the Criminal Division of the Supreme Court, as proposed by a member of the National Judicial Council.
The focus remains on how to ensure accountability within the judiciary without compromising its autonomy.
Black scenarios
Judge Maciej Nawacki, after reviewing statements from some members of the caste and the broader opposition, warned of a grim scenario for the judiciary and the National Council for the Judiciary. He suggested that after elections some moves could be taken that contradict constitutional norms. It was noted that opponents openly advocate splitting the National Judicial Council from the Constitutional Tribunal. Still, the president is seen as the guarantor and guardian of the constitution, and any attack on state institutions or constitutional bodies is expected to be met with a robust response. The discussion included the possibility of adopting measures outside the law, though the National Council for the Judiciary has tools to counter such efforts, including petitions to the Constitutional Court and potential freezing of funds for the council.
— Nawacki explained.
There will be retribution
Piebiak reflected with viewers on the likelihood that if the opposition and the caste rise to power, retaliatory measures against reform advocates would follow. He spoke of a conflict not just over the rule of law, but over Poland’s sovereignty. He pointed to perceived double standards by the party Iustitia, the opposition, and Brussels officials, noting promises that were not kept and alleged deception by government officials in Brussels who leveraged the government’s goodwill. He warned that if another party takes power and relies on judges who linger near the steps of the courts, actions that would conflict with the Polish Constitution, the European Convention on Human Rights, and the achievements of the Court of Justice of the European Union could be pursued in the name of upholding the rule of law. He suggested that those who supported reforms should not fear, while acknowledging legitimate concerns about the political strain. The remark underscored a belief that reform supporters have long chosen their path.
— Piebiak observed.
Judiciary reform has become a recurring topic in electoral discourse. As elections approach, promises about reform surface again, reflecting voters’ expectations that leaders who pledged to clean up what many describe as an Augean stable will move beyond rhetoric and deliver tangible changes. The election year is seen by many as a moment to push past talk and enact real measures rather than merely discuss reform.
— continued the commentary.