Krystian Markiewicz, chairman of the Codification Commission of the Judiciary and Prosecution System operating under the Ministry of Justice, presented the assumptions of projects designed to regulate the status of judges appointed after 2018 by the so-called neo-KRS (National Council of the Judiciary).

– The Commission has been working for several months, the result of which are two projects, alternative projects concerning the restoration of legal order in the Republic of Poland, and the restoration of the right to an independent court – he said at a press conference.

– Why two projects, why not one project? Because there is no single path that leads to the same goal. In our opinion, the goal is one, both projects meet both constitutional and international standards. It is a matter of choosing between a high-speed train or a local train – he explained.

It was indicated that over 3,000 judicial appointments are legally flawed, of which approximately 1,700 are so-called young judges, who took office using the constitutional guarantee of access to public service as former assessors or individuals who passed the judicial exam; approximately 1,200 are judges who were promoted with the participation of the neo-KRS; approximately 300 are representatives of other legal professions who were not previously judges; and approximately 55 judges appointed to the Supreme Court, where the "flaw is most far-reaching".

Referring to the first project, he stated: – This is the faster version, meaning the legislator takes on the obligation to implement the rulings of both national and international tribunals. […] The legislator implements into the content of the law what has been established by the rulings of national and international courts. This means that the consequences, which consist of the invalidation of appointments resulting from earlier resolutions of the neo-KRS, cease with effect for the future, not retroactively.

The law gives the so-called neo-judges the opportunity to obtain the status of a constitutional judge and provides for the re-conduct of конкурс proceedings by a properly constituted KRS under the supervision of the Supreme Court.

The first group of judges – the so-called young judges – is to be excluded from the effects of specific regulations contained in the law, and their status is to be statutorily validated. The second group is to return to their previously held positions by operation of law, but these judges will adjudicate in the court where they hold their current position, based on a statutory delegation, for a period of 2 years – so that citizens do not suffer any harm due to the introduced changes – and then, by operation of law, they will participate in new judicial competitions before a properly constituted KRS.

The third group, after the law comes into force, would receive the option to either take up the position of a court registrar or return to their previously practiced profession. The fourth group: new judges of the Supreme Court and the Supreme Administrative Court will face a similar fate as judges from group 2 who were promoted, but the statutory delegation would not apply to them.

As Krystian Markiewicz stated, the completion of the implementation of this law is possible by October 2027.

The second version of the law assumes the regulation of flawed appointments through resolutions of a properly constituted KRS. – This, of course, directly refers to one of the suggestions arising from the opinion of the Venice Commission, which spoke of a body independent of the legislative and executive powers. Here, the effects are not introduced by law. To be able to produce effects, the functioning of the KRS in a form consistent with the constitution is necessary – explained Markiewicz.

– First, the properly constituted KRS determines, in reopened proceedings that previously took place before the flawed KRS, the consequences, which are again dependent on which group the given neo-judge belongs to. So, in this formula, we also have exclusions for the first group, i.e., young judges. In order to somehow dynamize this process, we assume that these resolutions will be adopted jointly, in relation to persons subject to the same consequences. This is permitted by the Venice Commission's opinion, which speaks of "groups" or "cohorts" – he continued. An appeal to the Supreme Court is foreseen against the resolutions of the "reborn" KRS.

– The [law implementation] schedule is much more complicated. For the procedure to be able to start, […] we must first have elections to the KRS. […] We assume that no earlier than January 2026 will we have the first session of the KRS. At that time, the proposed law will also come into force. […] What we will prioritize in the first place is the proper formation of the composition of the Supreme Court, because this Supreme Court will hear the appeals. […] The finale is for 2029-2030 – he indicated.