Poland: Demand impartiality from judges, not professional solidarity

The Polish judiciary faces scrutiny over the expected impartiality of its judges, with calls for them to remain neutral and avoid professional solidarity or political engagement. The argument is that judges should not act as union members or political operatives, particularly concerning judicial matters.

A significant point of contention involves the appointment of judges to the Constitutional Tribunal. Sędzia Bartłomiej Przymusiński, president of the Iustitia judges' association, publicly stated that the Tribunal cannot be considered reformed until all judges selected by the current Sejm begin to rule. He views the refusal of some appointed judges to serve as a deliberate strategy to destabilize the Tribunal.

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We must demand impartiality from judges, not professional solidarity.

The controversy stems from the swearing-in process. While President Andrzej Duda swore in three of the seven selected judges, the remaining four have not been inaugurated by him. These four judges reportedly took their oaths in the presence of a notary in a Sejm chamber, without the president's participation, although they had sought to be sworn in before him. The situation is complicated by the Tribunal's pending decision on a dispute concerning the proper procedure for swearing in judges.

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As long as all the judges elected by the current Sejm do not start ruling, we cannot talk about the healing of the Tribunal, and the refusal of these judges to rule is a deliberate game aimed at destabilizing the Tribunal.