Feb 25 • 18:09 UTC 🇵🇱 Poland Rzeczpospolita

Aleksander Stępkowski: The Students of Wise Kalek, or about the 'Legal' Judges of the Supreme Court

The Supreme Court in Poland is undergoing procedures to elect judges amidst a boycott by a group of judges, raising questions about their legitimacy.

In Poland, the Supreme Court is in the process of selecting candidates for judges, as the General Assembly had a meeting on February 24 where the voting did not occur due to a boycott from 29 judges referred to as 'legal.' These judges were appointed to the Supreme Court based on recommendations from the National Judiciary Council before significant changes were made in 2018 that affected the election of judges. The boycott was publicly announced by judges Bohdan Bieniek and Michał Laskowski in Rzeczpospolita, who invoked ethical considerations themed around moral philosophy and referenced characters from the literature.

The two judges justify their absence from the vote by challenging the legality of the role played by Małgorzata Manowska, the head of the Supreme Court, as well as questioning the legality of recent judge appointments. This situation reflects deeper issues within the Polish judicial system, where ongoing disputes about judicial independence and the rule of law have been exacerbated by legislative changes in recent years, raising concerns among both the domestic and international community.

The implications of this boycott could be significant for the legitimacy of the Supreme Court's decisions and Poland's adherence to European Union standards for judicial independence. As the crisis over judicial legitimacy unfolds, it underscores the growing tension between the Polish government and the rule of law, reinforcing the necessity for a systematic resolution to restore trust within the judiciary and to comply with international regulatory standards.

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