The General Assembly of Supreme Court Judges has finalized the procedure for selecting candidates to succeed Małgorzata Manowska. After days of boycott by so-called 'old judges,' five individuals have ultimately been nominated, from whom President Karol Nawrocki will make the binding selection. Concurrently, the Sejm adopted a resolution on the so-called 'Plan B' for the National Council of the Judiciary, intensifying the jurisdictional dispute with the Presidential Palace over the shape of the justice system.

Selection of Candidates for First President of the Supreme Court

The General Assembly presented a list of candidates from which President Karol Nawrocki will select the successor to Małgorzata Manowska, despite a boycott by some judges.

Adoption of Resolution on the KRS

The Sejm passed the so-called Plan B, aimed at changing the rules for selecting members of the National Council of the Judiciary while bypassing the president's veto.

Complaints to the Constitutional Tribunal

Judges and opposition politicians have filed complaints with the Constitutional Tribunal challenging the new regulations, questioning the legality of attempts to change the judiciary system through Sejm resolutions.

The procedure to elect the new First President of the Supreme Court concluded in an atmosphere of deep division within the judiciary. After two days of unsuccessful attempts to convene the General Assembly due to a lack of quorum, judges finalized the candidate list on the third day of deliberations. The nominated individuals consist exclusively of judges appointed after 2017, which provoked sharp opposition from a group of judges with longer tenure. Critics of the procedure argue that the elections were conducted non-transparently, behind closed doors, which court spokespersons explain as necessary to ensure a smooth voting process in the face of attempts to block the body's work. Simultaneously, a key decision concerning the National Council of the Judiciary was made in the building on Wiejska Street. The Sejm adopted a resolution introducing the so-called Plan B, which aims to enable reform of the council despite the presidential veto of an earlier bill. This solution stipulates that the Sejm will select KRS members from candidates nominated directly by judges in nationwide elections. Minister of Justice Waldemar Żurek argues that this resolution restores judges' real influence over the Council's composition while avoiding legislative deadlock. However, opposition politicians and representatives of the Presidential Chancellery view such action as an attempt to circumvent the constitutional prerogatives of the head of state and to introduce systemic changes through an act of lower legal rank than a statute. Since 2018, the Polish justice system has been in a state of legal dualism caused by reforms altering the method of electing judicial members to the KRS. This dispute has led to numerous rulings by the Court of Justice of the European Union and the European Court of Human Rights, questioning the independence of newly appointed judges. The situation is further complicated by actions in the Constitutional Tribunal, where a group of judges has challenged the provisions under which they themselves were elected to the KRS. Simultaneously, Minister Żurek announces an emergency scenario regarding filling vacancies in the Tribunal, which involves bypassing the traditional swearing-in before the president if he refuses to cooperate. The Presidential Palace, through its officials, promises an uncompromising defense of the legal order, stating that laws are written with "the ink of Polish interests," not by the dictate of a parliamentary majority. The decision regarding the First President of the Supreme Court is expected in the coming days, which will define the jurisprudence of Poland's most important court for the years to come. „Prezydent nie będzie mógł zablokować planu B i zdaje sobie z tego sprawę” (The President will not be able to block Plan B and he is aware of that.) — Waldemar Żurek

Mentioned People

  • Waldemar Żurek — Minister of Justice pushing the so-called Plan B in the justice system reform.
  • Karol Nawrocki — President of the Republic of Poland, who vetoed the KRS bill and will decide on the appointment of the First President of the Supreme Court.
  • Małgorzata Manowska — Outgoing First President of the Supreme Court, whose status is contested by some judges.