Poland Supreme Court prepares resolution on judicial appointments

Zbigniew Kapiński, acting as the First President of the Polish Supreme Court, has submitted a motion for a new resolution regarding the status of judges appointed via the National Council of the Judiciary (KRS) formed after 2017. The proposed resolution aims to address legal interpretations concerning whether judicial appointments made by the President of Poland can be challenged by other courts or authorities.

Critics, including Judge Bohdan Bieniek, have warned that the move could serve to formalize the status of so-called ‘neo-judges’ and prevent the testing of their impartiality. The motion seeks to determine if judges or other public bodies are bound by legal acts that question the effectiveness of a presidential appointment, and whether challenging such appointments could lead to disciplinary or criminal liability for officials.

A full session of the Supreme Court is expected to convene to resolve these discrepancies in legal interpretation.