Supreme Court President Reacts to Judiciary Council's Stance on Assessors: 'Grossly Unfair'

The First President of Poland's Supreme Court, Zbigniew Kapiński, has responded to a recent resolution by the National Council of the Judiciary (KRS) concerning the appointment of judicial assessors. The KRS issued a statement asserting that presidential acts appointing assessors require the Prime Minister's counter-signature, as per Article 144(3) of the Polish Constitution, unless they fall under the President's specific prerogatives.

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It is grossly unfair.

Kapiński expressed surprise and strong disagreement with the KRS's position. He stated that the Council's stance, which suggests that the appointment acts for 211 regional court assessors and 18 administrative court assessors, personally handed out by the President on July 28, 2026, are ineffective due to the lack of the Prime Minister's counter-signature, is "grossly unfair."

He argued that the KRS's resolution contradicts both current legal provisions and a Constitutional Tribunal ruling from June 25, 2026 (case K 2/26). This ruling declared unconstitutional the interpretation that the appointment of a judicial assessor by the President necessitates the Prime Minister's signature for validity. Kapiński emphasized that this ruling cannot be disregarded simply because the composition of the Constitutional Tribunal may not align with the KRS's preferences.

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This ruling cannot be ignored simply because the composition of the Constitutional Tribunal does not meet the expectations or wishes of the current composition of the National Council of the Judiciary.

Furthermore, Kapiński reiterated that judicial assessors are independent and protected by law against removal. However, he clarified that they do not possess the same constitutional, indefinite guarantee of irremovability as judges. Since the Prime Minister is not involved in appointing judges who have full constitutional protection, Kapiński sees no rational basis for making the appointment of assessors dependent on the Prime Minister's political decision. He stressed that assessors also administer justice and issue rulings in the name of Poland, and must remain free from any executive influence.

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Since the Prime Minister does not participate in the appointment of judges who enjoy full, constitutional guarantees of irremovability, there is no rational reason to make the appointment of assessors dependent on his political decision. Assessors also administer justice, issue rulings in the name of the Republic of Poland, and must permanently remain free from any influence of the executive branch.