Polish courts rule on judicial impartiality and judge appointments

The Polish judiciary is addressing complex legal issues regarding judicial impartiality and the validity of rulings issued by judges appointed via the reformed National Council of the Judiciary.

In Ostrołęka, the Supreme Court rejected a request to transfer an inheritance and property division case to a different court. The local court had requested the transfer due to family ties between the reporting judge and the participants. The Supreme Court ruled that such conflicts should be handled through the procedure of recusing a specific judge rather than transferring the case to an entirely different court, noting that the impartiality of the court as an institution was not at risk.

In a separate matter, the Olsztyn District Court overturned a decision regarding the division of marital property for a couple from Giżycko. Previously, the Giżycko court had refused the division, arguing that a divorce decree issued by a 'neo-judge' (appointed via the post-2017 National Council of the Judiciary) was ineffective, meaning the parties were still legally married. The Olsztyn court ruled that the appointment of a judge under the new system does not automatically invalidate their rulings and ordered the case to be re-examined on its merits, as the lower court had failed to conduct proper evidentiary proceedings.