Between 2018 and 2024 more than 2500 judges were appointed in Poland contrary to the ECHR (see among others: ECtHR: Grzęda v. Poland, Żurek v. Poland) and EU law. Such appointments led to the situation in which courts operating with new judges in the sitting panel cannot be regarded as independent and impartial courts established by law (see: Wałęsa v. Poland). There is a need for a vetting process in order to restore elementary justice and regain public confidence into the judiciary.
A comparative perspective might be useful to apply in the Polish context. The research will not only analyse European (and unsuccessful) examples (Albania, Serbia, Ukraine, Moldova) but also others (Pakistan, Argentina, Kenya). The aim of the project would be to identify good practice examples concerning vetting and also the kind of practices that should be avoided. The research seeks to find good practices and standards for vetting process of judges that are applicable all over the world. To do so, existing literature concerning vetting processes in Europe (Albania, Ukraine, Serbia, Moldova) and beyond (Pakistan, Argentina, Kenya) will be analysed as well as the case law of the ECtHR in this regard with the Venice Commission and OSCE opinions.
Thu 05 Jun 2025 | 15:00–16:00
Vetting process of judges in comparative perspective – Lessons for restoring rule of law Poland
Fellow Talk by Marcin Mrowicki (Polish Ministry of Justice / University of Warsaw)| Chair: Etienne Hanelt (Masaryk University / Verfassungsblog)| Discussant: Aylin Aydin-Cakir (Erasmus University Rotterdam)
Marcin Mrowicki, PhD, is Assistant Professor of EU Law and Human Rights at the University of Warsaw (Centre for Europe). He is the author of many academic and popular science publications. Recently his book concerning judicial resistance in Poland ("All Rise") was published. Since February 2024, he is also a Secretary of the Inter-ministerial Committee for Restoring Rule of Law and Constitutional Order and a Deputy Head of the Criminal Law Department of the Ministry of Justice in Poland.
The Fellow Talk will be chaired by Etienne Hanelt and Aylin Aydin-Cakir will be the discussant.
