Poland Ministry of Justice proposes reform of lay judges

The Polish Ministry of Justice is advancing a reform project to transform lay judges into officially designated ‘social judges.’ The proposed amendment to the Act on the System of Common Courts aims to strengthen the position of these participants in the justice system by introducing a clear legal definition, doubling their compensation, and increasing the role of lay councils.

To ensure professional standards, the reform includes mandatory training and an increase in the number of days spent adjudicating. The new definition clarifies that social judges are citizens participating in the administration of justice but are distinct from professional judges under the Constitution. Additionally, the project prohibits individuals holding positions such as mayor or starosta from serving in this capacity.

Parallel changes to court regulations aim to increase transparency in how lay judges are assigned to cases. Rather than the current system, which lacks specific criteria for non-random assignments, the proposal suggests that court presidents establish assignment rules after consulting with the court college and the lay council. This may include dividing lay judges into groups assigned to specific clerks, who then assign them to cases based on established rules.