Polish Justice Minister Waldemar Żurek Responds to EU Court Rulings on Supreme Court Judges

The EU Court of Justice issued opinions on preliminary questions from Poland’s Supreme Court concerning the test of judicial independence and impartiality. The court said that irregularities in the appointment procedure for some judges could undermine their independence, raising doubts about the role of the National Council of the Judiciary (KRS) in those appointments.

Polish judges and legal commentators argue the EU court is acting ultra vires, outside its competences, and that Polish law remains supreme. Justice Minister and Prosecutor General Waldemar Żurek posted on social media that the recent rulings are “important decisions” and asserted, “The Supreme Court will finally be a Supreme Court soon.” He referenced the opinion of Advocate General Tamara Ćapeta and the ongoing debate over “neosądz” (judges appointed under the 2017 amendment to the KRS law), which transferred many KRS seats from the judiciary to the Sejm.

The dispute highlights continuing tensions between Poland’s judicial reforms and EU oversight, with the minister suggesting the decisions will be used politically by the government.