Tech & Rights

Does Poland's New Judicial Appointment Process Undermine the Separation of Powers?

The proposed amendment to the National School of Judiciary Act would introduce changes to the procedure for appointing associate judges to the bench for a trial period, directly upon passing the judicial professional...

by Polish Helsinki Foundation for Human Rights

The proposed amendment to the National School of Judiciary Act would introduce changes to the procedure for appointing associate judges to the bench for a trial period, directly upon passing the judicial professional exam. The appointment process and the scope of associate judges’ judicial powers raise concerns. Associate judges should be appointed by the minister of justice, instead of the current practice of appointment by the president, upon request of the National Council of the Judiciary. This practice may violate the constitutional separation of powers and threaten judicial independence.



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