Trust 

Krajowa Rada Sądownictwa

National Council of Judiciary

626/2018

Resolution of NCJ from December 12th, 2018 

Not available 

Judges freedom of expression – trust in judiciary – political/social affiliation – rule of law – separation of powers  

Independence of judges. Possible ways of expressing beliefs for judges. Freedom of expression.  

NO 

Laws:

Constitution, 

Act of National Council of Judiciary 

Soft law: 

Collection of Principles of Professional Ethics for Judges and Judicial Assessors (Annex to Resolution No 25/2017 of the National Council of the Judiciary of 13 January 2017) – binding judges. 

After the first wave of anti-governmental protests in Poland in 2017, when people were speaking about the meaning and significance of division of power and rule of law, in the public sphere appeared the infographics “Constitution”, with Polish flag colours and special font. 

It was the work of modern art, suddenly getting viral. People wore t-shirts with this word, bracelets and caps. There was a mural with “Constitution” painted on one house in Poznań.   

Also, judges started to show up in t-shirts with “Constitution”. Members of NCJ decided then to interpret the § 10 of Code of Professional Conduct of Judges and Judical Assesors. 

The interpretation, it is important to mention, was done by body which main objective is “safeguarding the independence of judges”.  

The conclusion of NCJ: 

The behaviour that may undermine confidence in the independence and impartiality of a judge is public use by a judge of infographics, symbols that are or can be unequivocally identified with political parties, trade unions, as well as with social movements created by trade unions, political parties or other organisations conducting political activity

Full text of resolution: 

“The National Council of the Judiciary pursuant to Article 3 Section 1 point 3 of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws of 2018, item 389, as amended) and § 7 of the Collection of Principles of Professional Ethics for Judges and Judicial Assessors (Annex to Resolution No 25/2017 of the National Council of the Judiciary of 13 January 2017. ) interprets § 10 of the Collection of Principles of Professional Ethics for Judges and Court Assessors by assuming that the behaviour that may undermine confidence in the independence and impartiality of a judge is public use by a judge of infographics, symbols that are or can be unequivocally identified with political parties, trade unions, as well as with social movements created by trade unions, political parties or other organisations conducting political activity”.

The abovementioned §10 states: 

“A judge should avoid behaviour that could undermine confidence in his independence and impartiality.”

Charter was not invoked. 

Not applicable 

Not applicable 

There were some rumours about Disciplinary Prosecutors planning to start procedures against judges, not confirmed yet. 

https://krs.pl/pl/o-radzie/zbior-zasad-etyki-zawodowej-sedziow/600-uchwala-krajowej-rady-sadownictwa-z-12-grudnia-2018-r-dotyczace-wykladni-zasad-etyki-zawodowej-sedziow.html 

Jarosław Gwizdak INPRIS

Not applicable