In fresh weeks, there has been a heated debate around the proposed law to reconstruct the right to an independent court. The Ministry of Justice withdrew from the plans to liquidate the Chamber of Professional work (IOZ) of the ultimate Court, which faced a sharp reaction from the judicial association Iustitia. In its resolution, the Management Board of that organisation demands a return to the first version of the project, which envisaged the liquidation of that body.
Initial bill: liquidation of 2 chambers of SN
At the end of April 2025, the Ministry of Justice website published a draft amendment to the Act under the heading "restore the right to an independent and impartial court". The task envisaged the liquidation of 2 controversial chambers of the ultimate Court:
- Chamber of Extraordinary Control and Public Affairs (IKNiSP)
- Chamber of Professional work (IOC)
The intention was to remove these bodies as violating the standards of the independency of the judiciary. However, as early as 13 May 2025, or little than 3 weeks later, the ministry published a fresh version of the project, in which the evidence of the liquidation of the Chamber of Professional work disappeared.
Decision of the Ministry: No global decisions?
Deputy Minister of Justice, justice Dariusz Mazur, explained the decision to leave the IOZ that there are no clear rulings from the EU Court of Justice or the European Court of Human Rightswhich would negatively measure the functioning of this Chamber.
"While the rulings of the EU Court of Justice and the ECHR clearly state that the Chamber of Extraordinary Control and Public Affairs (IKNiSP) does not meet the requirements of an independent and impartial court established by the Act, the Chamber of Professional work (IOC) has not yet had 1 specified ruling," said the Deputy Minister.
Iustitia's reaction: Polish courts cannot be ignored
Association Iustitia On Tuesday, 13 May 2025, it adopted a resolution which critically referred to the changes made by the Justice Ministry. The board of the organization demands a return to the first foundation – the liquidation of the Chamber of Professional Responsibility.
The paper stresses that Ministry of Justice omits the views of Polish courtswhich indicate infringements related to the functioning of the IOZ. Among another things, a decision on the composition of the IOZ ruling of 7 February 2024 (file II ZIZ 14/23) was cited, which states that this chamber is simply a ‘structurally and systemicly defective body’.
In addition, six of the eleven IOZ members were appointed with participation flawed National Judicial Board. The hotel besides ignored the ruling of the 3 Joint Chambers of the ultimate Court of 23 January 2020 (BSA I-4110-1/2020), which indicated that:
‘The undue cast of the court shall besides take part in the composition of the court of the individual appointed to the office of justice of the ultimate Court at the request of the National Court of Justice, formed in accordance with the provisions of the 2017 Act.’
Why is the liquidation of IOZ crucial to the independency of courts?
The issue of the independency of courts is 1 of the fundamental values of the Union and the obligations arising from the Convention on Human Rights. Despite the deficiency of a ruling by the EU Court or the ECHR against the IOZ, the fact remains that its functioning raises both legal and ethical doubts.
The judges indicate that even if there is no global court decision, Polish courts have repeatedly expressed the view that IOZ violates the principles of independency and legality. Allowing this institution to proceed to act may lead to further cases of annulment and blocking proceedings before EU courts.
Iustitia: time for accountability for judicial reforms
At the end of the resolution, the Management Board Iustitiy He pointed out that the organisation expected the Ministry of Justice to ‘change its position and return to this version of the proposed regulation, according to which the Chamber of Professional work — as a non-independent creator — is liquidated’.
"It is impossible to let the disciplinary function of judicial supervision to stay in the hands of an authority whose independency has been undermined by the Polish courts themselves," added the judges.
Summary
The case of the Chamber of Professional work becomes another point in the dispute between the government and the judiciary. Although the Ministry of Justice justifies the decision not to have global decisions, there are indeed Polish precedents that question the legality of the IOZ operation. Association Iustitia calls for the correction of errors in the judicial strategy and the elimination of all institutions that may restrict the independency of the judiciary.
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Iustitia demands the elimination of the illegal Chamber of Professional work of SN
