Polish Judicial Council Election: A 'State of Higher Necessity' Amidst Controversy

Poland's Sejm has elected judges to the National Council of the Judiciary (KRS), a move described by one commentator as "a choice of the lesser evil" and "action in a state of higher necessity." The election included controversial figures, notably Łukasz Piebiak, whose continued presence as a judge is questioned due to ongoing disciplinary proceedings.

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The good thing in all this misfortune is that thirteen judges were indicated by the judges themselves after voting at the court assemblies. This means that more than half of the new Council are representatives enjoying the trust of the judicial community.

Despite the controversies, the election saw thirteen judges nominated by their judicial colleagues through voting at court assemblies. This outcome means that more than half of the new KRS members are judges trusted by the judicial community, fulfilling a minimum standard set by the Council of Europe. However, two judges were put forward by political parties and received minimal support in judicial votes, highlighting a disconnect between political nomination and judicial approval.

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I have a problem with the fact that he is a member of the National Council of the Judiciary. Generally, the problem is that he is still a judge at all.

The commentator expressed concern over Piebiak's position, noting the apparent inaction of disciplinary and immunity proceedings against him. The situation is described as a "stalemate," where neither his fault nor his credit is acknowledged. A clear distinction is drawn between the thirteen judges chosen by their peers and the two selected by political parties, with the latter lacking confidence from the broader judiciary.

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This was an action in a state of higher necessity.

The decision to proceed with the election, even with contentious choices, was seen as necessary to prevent the KRS elections from failing altogether. The commentator acknowledged that politics operates by its own rules and that the Sejm's decision to respect the law, even if imperfect, was understandable. The focus now shifts to the new KRS's responsibilities, which include rebuilding public trust in the courts, safeguarding judicial independence from political influence, and establishing transparent processes for judicial appointments.

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The most important task is, above all, rebuilding citizens' trust in the courts. Next is defending the independence of the judiciary from politicians, showing new standards in conducting competitions for vacant judicial positions, which should be transparent and clear.