The Constitutional Tribunal on testing impartiality and excluding judges. 'Unacceptable'
The article discusses the controversy surrounding judge Anna Dalkowska's career, highlighting her connections to government positions and the concerns over her impartiality assessed by the Supreme Administrative Court in Poland.
The article examines the case of Anna Dalkowska, a Polish judge whose career has been marked by significant political involvement. She served as a judge in the District Court in Gdynia before receiving a delegation to the Ministry of Justice, when Zbigniew Ziobro was in charge. Dalkowska's trajectory took a notable turn when she became Deputy Minister and later received an appointment to the Supreme Administrative Court (NSA), making her the first judge to hold a dual role in government. This appointment raised eyebrows and led to her resignation from the ministerial position amid criticism regarding the blending of judicial and government responsibilities.
In 2024, concerns were voiced about her impartiality when the NSA decided to remove her from presiding over a tax case. The court found that Dalkowska's career path, her selection to the NSA, and subsequent actions raised "objectively justified doubts" about her independence and impartiality as a judge. This decision is significant as it reflects broader issues related to judicial integrity in Poland, where the government's influence over the judiciary has been increasingly scrutinized. The discussion about the standards for judges' impartiality is crucial in the context of ongoing debates over judicial reforms in the country.
The implications of this situation are profound, not only for Dalkowska but for the Polish judiciary as a whole. The NSA's ruling against her underscores the challenges that judges face in maintaining independence amid political pressures. Furthermore, it raises questions about the vetting processes for judicial appointments and the potential impact of government affiliations on judicial decisions. The article highlights the ongoing struggle within Poland regarding the balance of powers and the integrity of its judicial system.