Justice minister Adam Bodnar and Prime Minister Donald Tusk have proposed that judges undertake a process of “self-criticism” as part of an assessment as to whether they stay in post and avoid disciplinary proceedings.
The judges in question were appointed under the previous Conservative (PiS) government and approved by President Andrzej Duda.
The opposition PiS party criticised the idea floated on September 6, with Michał Moskal MP saying on Polish public radio that the notion of self-criticism was “reminiscent of the Stalinist period”.
During Stalin’s reign and later during Mao’s cultural revolution in China, those who were accused of failing to support the Communist regime were pressured into a declaration of self-criticism in which they apologised for the “errors of their ways’”.
Justice Igor Tuleya told Polish public radio on September 9 that he found the proposals that colleagues he has questioned should undergo self-criticism “unacceptable”.
“I never thought I would ever end up defending these judges, but I will not agree to any such humiliations,” he said, while also criticising the Tusk government for not doing enough to involve citizens groups that have been active in the protests against PiS reforms.
The idea of Polish judges subjecting themselves to self-criticism comes as part of the Polish Government’s proposed judicial changes unveiled on September 6. The aim is to revoke appointments of certain judges as part of efforts to “restore the rule of law”.
The present government’s position is that the National Judicial Council (KRS), the body responsible for making recommendations on judicial appointments to the head of state, is improperly constituted as it was elected by parliament and not by the judiciary themselves.
The Tusk administration’s proposals include measures to potentially reverse some of these appointments by categorising the judges appointed on recommendation of the KRS in three groups, with different provisions for each based on their circumstances before their appointment and their “behaviour” since.
The first group would be made up of those appointed as judges after completing the qualifying process; the current government’s proposals would not affect them. The second group would consist of those who “took advantage of the opportunity for promotion” and would undergo the self-criticism process along with members of the third group made up of those set to face disciplinary action for their alleged misdeeds.
The government’s plans also include the possibility reinitiating legal proceedings where involvement of the KRS-recommended judges could have influenced outcomes, meaning that in thousands of cases there may have to be retrials.
Speaking to reporters after the announced proposals, Tusk criticised President Duda for contributing to what he said was the creation of “a remarkable mess” in the judiciary. He acknowledged that the measures were unlikely to be approved by the head of state and would therefore have to wait until Duda’s term of office ended in August 2025 and a new incumbent was installed after next spring’s presidential election.
The government has also signalled that it wanted to overhaul the Supreme Court with the abolition of chambers created by the PiS administration. It had previously announced plans to redesign the constitutional court and the KRS, which it considered illegitimate.
The Tusk government’s previous proposals on reform of the judiciary had been welcomed by the European Commission, which had criticised the changes the PiS regime made. That approval led to Poland having its post-pandemic and structural funds released.
