Polish judicial council seeks return to European network

The National Council of the Judiciary (KRS) in Poland is actively pursuing readmission to the European Network of Councils for the Judiciary (ENCJ), an organization dedicated to upholding judicial independence and quality.

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It's hard? This is just the beginning of our efforts. We want the KRS to be a member of the ENCJ again as an organ independent of political power. The previous KRS was excluded from the Network because it did not meet that standard. It's time to return.

Judge Dariusz Zawistowski, the current head of the KRS, stated that readmission is a priority, emphasizing the need for the council to function as an organ independent of political power. He noted that the previous KRS was excluded from the ENCJ precisely because it did not meet this crucial standard.

Zawistowski explained the benefits of ENCJ membership, highlighting its role as a forum for cooperation among national judicial councils. The network also focuses on issues of judicial independence, judge impartiality, and the quality and accountability of the judiciary. Membership serves as a confirmation of a council's adherence to independence standards, providing both international recognition and a platform to influence the standards set by the ENCJ.

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Firstly, it is a forum for cooperation between national judicial councils. It is also an body that is interested in the issue of judicial independence, judge impartiality, and the quality and accountability of the judiciary.

Efforts to rejoin have begun with outreach to the ENCJ's board, including meetings with its new president, an Irish Supreme Court judge. Zawistowski expressed optimism about the ENCJ board's willingness to cooperate and has invited the president to visit Poland to assess the situation firsthand. The KRS has also been invited to participate in working groups on topics such as media relations and the council's position.

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Secondly, it is worth having an influence on the functioning of this type of body. Thirdly, if a given judicial council is a member of the ENCJ, it is proof that it meets the standard of independence. If it doesn't have it, you can't become a member of the network.

However, formal readmission is a complex and lengthy process. The final decision rests with the ENCJ's General Assembly, which convenes annually. The next meeting is scheduled for June of the following year, making formal acceptance a distant prospect. Zawistowski acknowledged that the KRS must be prepared to address any concerns or questions the ENCJ may have regarding the current state of the judiciary in Poland and the KRS's actual standing, especially given that the legal provisions concerning the election of KRS members have not formally changed.

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We have an assurance from the ENCJ board of their willingness to cooperate with our KRS. I invited the president to Poland so that he can familiarize himself with the current situation on site.