Polish judges to decide on career extension, government changes rules

Poland's Ministry of Justice is proposing significant changes to the rules governing judges who wish to continue their careers beyond the standard retirement age. The primary goal is to make it easier for judges to extend their service, a process that has been complicated by current regulations requiring approval from the National Council of the Judiciary (KRS).

Under the existing law, judges can serve until age 70, but they must obtain consent from the KRS, which can grant extensions based on "the interest of the judiciary or important public interest." The Ministry argues that these discretionary and vaguely defined criteria can discourage judges from seeking extensions. The proposed reform would revert to a system similar to that in place before 2017, where judges could decide their own fate.

To continue serving after reaching the age of 65, judges would only need to submit a declaration of intent and a medical certificate confirming their fitness to serve. Crucially, judges opting to extend their careers would be eligible for a reduction in their workload, with caseloads decreased by at least 25% but no more than 75%. This measure aims to accommodate judges who, due to age, may find it challenging to maintain their previous judicial capacity while still valuing their experience and qualifications.

Furthermore, the government intends to address the issue of judges being assigned to administrative roles within the Ministry of Justice and its subordinate institutions. The proposed changes would limit such non-judicial assignments to a maximum of four years, aiming to curb the practice of lengthy delegations that remove judges from their primary judicial duties. The ministry also plans to utilize the experience of retired judges for administrative tasks and as disciplinary ombudsmen.