Poland judicial independence and political disputes

Poland is experiencing heightened tensions regarding judicial independence and the separation of powers. Disputes have emerged within the Constitutional Tribunal concerning the appointment of Maciej Berek, with former President Marek Safjan describing delays in the swearing-in process as an “unprecedented” constitutional offense.

Conflict has also intensified between the executive branch and the judiciary. Supreme Court First President Zbigniew Kapiński criticized Justice Minister Waldemar Żurek for publicly discrediting a judge, asserting that judicial independence should not be subject to political evaluation. Following these tensions, the National Council of the Judiciary (KRS) formed a special investigative team to address a complaint by Judge Konrad Mielcarek against Minister Żurek, who allegedly labeled the judge a “neo-judge from Ziobro’s stable” after the judge granted bail to former Deputy Minister of Justice Marcin Romanowski.

Escalation has continued as Minister Żurek ordered the immediate suspension of three judges from the Warsaw Court of Appeal—Piotr Schab, Przemysław Radzik, and Michał Lasota—citing allegations of fabricating proceedings and impersonating state organs. Concurrently, the National Prosecutor's Office has requested the removal of their immunities.

In the Constitutional Tribunal, Żurek has warned that individuals obstructing judges from performing their duties will face prosecution, following confrontations regarding the swearing-in of new judges. Additionally, the Minister has challenged the legal status of the Supreme Court's leadership, arguing that judges whose appointments are contested by international courts cannot grant themselves immunity from accountability.