ELI-Mount Scopus European Standards of Judicial Independence in a Stress Test

28.05.2025

The Polish Crisis of Judicial Appointments Conference will take place at the premises of the Permanent Representation of Poland to the EU, Avenue de Cortenbergh 16, Brussels, Belgium on 28 May 2025.

Access the Conference Programme here.

In 2018, the Polish government unconstitutionally replaced the Council of Judiciary with a newly composed body. The ‘new’ Council of Judiciary was initially suspended and then excluded from the European Network of Councils for the Judiciary (ENCJ). The ENCJ reasoned that the ‘new‘ Council ceased to represent the judiciary in Poland and to fulfil its function as a guardian of judicial independence.

These decisions had deep repercussions for the functioning of the Polish judiciary, as the Council of Judiciary plays a crucial role in the judicial appointment process. Since the establishment of the new, most likely unconstitutional, Council, the President of the Republic of Poland has appointed almost three thousand judges, including judges of the Supreme Court. The judges have issued numerous rulings. The uncertain status of judges appointed through the new Council raises doubts as to the legal validity of their judgements, questions the fulfilment of citizens’ right to due process, and has led to a deep crisis in Poland’s system of justice.

In response to various rule of law challenges across Europe, the European Law Institute (ELI) in cooperation with the International Association of the Judicial Independence and World Peace developed European Standards of Judicial Independence. The Standards serve as a reference for judiciaries in Europe. The situation in Poland constitutes a critical test case for the Standards, offering an opportunity to assess whether they provide effective tools for identifying solutions that could restore the constitutionality and legitimacy of the Polish judiciary, in line with European law and human rights.

The restoration of the rule of law and the safeguarding of democratic principles are one of the pivotal priorities of the Polish Presidency, both in Polish and in the broader EU context. This Conference, organised in cooperation between ELI and the Polish Ministry of Justice/Polish Presidency of the European Union, provides an excellent opportunity to discuss how Poland’s experience can contribute to identifying solutions to problems stemming from the crisis affecting judiciaries. It will also explore whether the ELI Standards can serve as a practical tool in supporting this process.