On 6 November 2026, the Senate adopted an act aimed at restoring the right to an independent and impartial tribunal. The bill, prepared by the Ministry of Justice, seeks to regularize the legal status of judges appointed by the so-called neoKRS between 2018 and 2025 and to limit the risk of further financial losses for the state budget.

The Scale of the Legal Problem

According to available sources, the previous legal chaos affected all levels of general and specialized courts. The status of unconstitutionalally appointed judges comprised 28 percent of the staff in district, regional, and appellate courts. In the Supreme Administrative Court, the issue concerned 34 percent of judges, while in the Supreme Court, it affected as much as 60 percent of the adjudicating composition. This situation generated long-term procedural uncertainty and escalating social and financial costs, directly impacting citizens and public finances.

The legal consequences of these actions were also felt on the international arena. Challenges to the legality of rulings by parties in proceedings and international tribunals carried the risk of their annulment. By the time the act was adopted, the State Treasury had paid over 5.5 million PLN in damages awarded by the European Court of Human Rights. Additionally, nearly 3 billion PLN was deducted from EU funds as penalties imposed by the Court of Justice of the European Union.

Key Changes in the Regulations

The act provides for a range of mechanisms aimed at stabilizing the justice system. First and foremost, it guarantees that previously issued rulings remain in force. An exception applies to cases where their legality was consistently challenged during the proceedings. This regulation aims to ensure the stability of legal transactions and protect citizens from being arbitrarily subjected to the reopening of already concluded cases.

The new regulations are also intended to accelerate court proceedings. Regularizing the status of judges is expected to eliminate the phenomenon of mass applications for the recusal of judges from hearings, which previously delayed the adjudication of cases. Transparent rules regarding renewed, legal competitions for judicial positions have also been introduced. As reported by sources, the vast majority of current judges will be able to continue their work and apply for promotion after undergoing a legally compliant verification procedure.

The reform also includes changes to the structure of the supreme courts. The act abolishes the Extraordinary Review and Public Affairs Chamber of the Supreme Court. Simultaneously, it eliminates the institution of the extraordinary appeal (skarga nadzwyczajna), strengthening instead the institution of the cassation appeal (skarga kasacyjna). The document also regularizes the status of the Supreme Court's Chamber for Disciplinary Responsibilities (Izba Odpowiedzialności Zawodowej).

Further Procedures

The adoption of the act by the Senate marks the final stage of legislative work in the parliament. The document will now be sent to the President for signature. The new regulations, which align Polish procedures with constitutional and international standards, are intended to halt the further outflow of public funds allocated to damages and financial penalties.