Restoring the Rule of Law in Poland : Codification Commission for the System of the Judiciary and the Prosecutor’s Office Draft Projects for Status of Judges

With contributions by Prof. Krystian Markiewicz, Prof. Piotr Tuleja, Prof. Marcin Walasik, Prof. Katarzyna Gajda-Roszczynialska and Supreme Court Judge Dr Jaroslawa Matras

How can the rule of law be restored in Poland? The Codification Commission of the System of Judiciary and Public Prosecution has drafted two bills aimed at restoring the right to an independent and impartial court established by law, by regulating the effects of the decisions adopted by the National Council of the Judiciary between 2018 and 2025. The contributors examine the function and role of the Commission and the scope of its work, the constitutional premises underlying the constitutional status of judges under the Polish Constitution, and the issue of judges without office. The restoration of the rule of law through properly structured nomination and promotion procedures – provided that changes are made to reintegrate judicial bodies into these processes—is also discussed. Finally, the new draft law on the Supreme Court submitted by the Commission is analyzed.