The issue of whether neo-judges can lawfully adjudicate cases in the Supreme Court has raised significant legal questions. A Polish Supreme Court judge, Karol Weitz, posed these questions to the CJEU in December 2023, seeking clarity on the compatibility of such judicial actions with European Union law. Given the importance of this matter, the CJEU has requested insights from its advocate general, with an opinion expected to be delivered on July 16.

This controversy traces back to 2018, originating from the case of Waldemar Żurek, a former appellate judge now serving as the Minister of Justice. His forced reassignment from his original department to a civil division exemplifies the contentious atmosphere within the Polish judicial system under the new leadership of court president Dagmara Pawełczyk-Woicka. The actions taken against Żurek have prompted legal debates regarding the legitimacy of the judiciary's composition and functioning, which are under scrutiny by both national and EU authorities.

With the CJEU's response to the challenges posed by the neo-judges set to come out soon, the implications are profound. The judgement will not only affect the specific case involving Żurek but will also have broader ramifications for the Polish judicial system's adherence to EU standards and the legitimacy of its legal proceedings. This situation highlights ongoing tensions between Poland's governance practices and EU law, marking another chapter in the complex relationship between member states and the EU judicial framework.