Venice Commission on the neo-judge law: the direction of changes is good, but the project requires corrections
The Venice Commission generally supports the draft law concerning neo-judges but suggests significant amendments.
The Venice Commission, an expert body of the Council of Europe, has published an opinion largely in favor of the draft law regulating the status of neo-judges—judges appointed through a flawed process involving a politically compromised National Judiciary Council during the PiS government. The Commission acknowledges the intent behind the proposed legislation, which aims to restore the right to an independent and impartial court by addressing the effects of decisions made by the National Judiciary Council (neo-KRS) from 2018 to 2025.
The proposed law, presented in October by Justice Minister Waldemar Żurek, seeks to correct the past appointments of judges who were selected under questionable circumstances. The Venice Commission noted that while the draft contains good intentions, it requires substantial adjustments to build confidence in the judiciary and genuinely differentiate the new Council from its predecessors. The Commission's recommendations focus on enhancing transparency and the selection process to ensure greater legitimacy of the judicial body.
Overall, the Venice Commission’s feedback serves as a critical reference point for Polish authorities aiming to reform the judiciary. The call for corrections indicates that while steps are being taken to address past issues, there is still a need for careful consideration and implementation to foster trust in the judiciary going forward, especially amidst ongoing concerns about judicial independence in Poland.