The Polish Justice Minister commented on a ruling of the Court of Justice of the European Union (CJEU) on the responsibility of judges for judicial errors. “The verdict of the CJEU is a problem for the ‘politically affiliated’ judges,” Zbigniew Ziobro said.

Source of Polish law is constitution: Justice Ministry response to Advocate General

The Justice Ministry announced that it strongly opposed the opinion of the Advocate General of the Court of Justice of the European Union (CJEU),…

see more

The CJEU, ruled in a preliminary ruling on the reform of the judiciary in Romania that, as a rule, judges may be personally liable for damages caused by a judicial error, but the use of this option should be limited only to “exceptional cases” and be subject to “objective and verifiable criteria”.

“Judicial freedom is not unlimited. There is a sphere of independence of sentencing that gives the judge freedom, but this freedom must be limited by law and common sense. However, if the law is grossly violated and the ruling causes dramatic consequences, it is difficult to assume complete impunity and lack of responsibility of judges,” the minister stressed.

He also pointed out that everyone who performs a job bears professional risk and responsibility. “On the other hand, there is a group of judges who would like to be completely released from responsibility for their decisions and actions. In Poland there is a group of judges who call themselves ‘extraordinary caste,’” the minister said. He added that “this group of judges believe that they are above the law.”

“The CJEU’s ruling that a judge may be held liable for damages caused by a judicial error is a signal for that group of judges who say that a judge is not responsible for anything while adjudicating. It is a big problem for those judges who want complete impunity,” the Justice Minister concluded.