Jo Harper
12 November 2025•Update: 12 November 2025
WARSAW, Poland
Polish President Karol Nawrocki refused Wednesday to nominate 46 judges to higher courts, reigniting a dispute about judicial independence and separation of powers in the EU member state.
“This is not just a verbal signal, but a concrete decision not to grant nominations,” Nawrocki said in a statement. “No judge who questions the constitutional powers of the president, the Polish constitution, and the Polish legal system can count on an appointment.”
He said the move is rooted in Article 179 of the Constitution, which grants the head of state the authority to appoint judges. Nawrocki argued that certain members of the judiciary have undermined the constitutional order by questioning the legitimacy of judges appointed under prior administrations.
“This discussion about ‘neo-judges’ and ‘paleo-judges’ lies outside the constitutional and legal order,” he said, warning that the disputes have paralyzed the courts and harmed citizens’ access to justice.
Nawrocki cited criminal cases that have been delayed or overturned because judges questioned one another’s legal status.
The head of the Presidential Chancellery, Zbigniew Bogucki, clarified that the president’s decision concerned promotions to higher-instance courts.
“These nominations were submitted during the presidency of President Andrzej Duda,” said Bogucki. “These judges will continue to adjudicate.”
Government spokesperson Adam Szlapka accused the president of overstepping his constitutional authority. “Judges are independent, courts are independent, and the attempt to question this is simply usurpation and an attempt to undermine the administration of justice in Poland and deepen the chaos,” said Szlapka.
“The president’s statement itself demonstrates an attempt to usurp powers,” he said. “What the president said is, in fact, an attempt to question the constitutional principles of judicial independence.”
Szłapka pointed to the government’s ongoing efforts to reform the National Council of the Judiciary (KRS). A draft amendment recently presented by Justice Minister Waldemar Zurek would restore the election of 15 judicial members by judges, rather than by parliament. “If the president truly wants to fix this system, he simply has to sign this law once it passes the full legislative process,” said Szlapka.
The fight reflects a deepening rift between the executive branch and the judiciary -- a struggle that has defined Polish politics since 2015. Critics warn that Nawrocki’s refusal to promote judges could deepen divisions within the judiciary and strain Warsaw’s relations with European institutions, which have urged Poland to strengthen judicial independence.
Nawrocki also refused to promote 136 candidates to the first officer rank in the Internal Security Agency (ABW) and Military Counterintelligence Service (SKW) earlier this month, citing concerns about being excluded from key security briefings.
Since 2017, judicial reforms introduced by former Justice Minister Zbigniew Ziobro have been criticized by domestic and EU bodies for undermining judicial independence.
The creation of a politically appointed KRS and the subsequent appointment of so-called “neo-judges” -- judges chosen through this process -- triggered a wave of legal challenges.
By blocking judicial promotions, Nawrocki is asserting presidential prerogative at a moment when the new government is seeking to restore judicial autonomy. The outcome will determine not only the balance of power between the executive and judiciary but also Poland’s compliance with EU rule-of-law standards, and its access to billions of euros in EU funding tied to the benchmarks.
