A top legal advisor to the European Court of Justice (ECJ) has thrown cold water on efforts by Poland’s current government to sideline thousands of judges appointed under the previous administration, arguing that the method of appointment alone doesn’t automatically disqualify a judge from serving.
Dean Spielmann, the ECJ’s Advocate General, issued a key opinion on April 28 in response to a case from Poznań, where a judge’s right to preside was challenged solely on the grounds that he was appointed by the controversial National Judicial Council (KRS). That body, reshaped by Poland’s former conservative Law and Justice (PiS) government, has long been a flashpoint in Warsaw’s ongoing clash with Brussels over judicial independence.
Spielmann emphasized that while the legitimacy of the KRS has been hotly debated — both by the ECJ and the current center-left Polish government — simply being recommended by that council doesn’t justify disqualifying a judge across the board. “Just because a judge was appointed through a politically-influenced process doesn’t automatically mean their rulings are invalid,” Spielmann said, urging case-by-case evaluations that respect judicial independence and public trust.
His opinion lands squarely in the middle of Poland’s legal and political storm. The Tusk-led government, which swept into power on promises to restore democratic norms, has announced plans to potentially dismiss up to 2,500 judges appointed under the PiS-era KRS.
But Spielmann’s view complicates those plans. He stressed the need for “individual and specific assessment,” cautioning against blanket actions that could erode public faith in the courts. “An appointment process lacking impartiality doesn’t automatically render a judge’s decisions unlawful,” he said.
Critics of the current government seized on Spielmann’s remarks. Sebastian Kaleta, a PiS lawmaker and former deputy justice minister, claimed even the ECJ “is stunned by what’s happening in Poland,” arguing the court has no legal standing to weigh in on how member states structure their judicial systems.
Meanwhile, Judge Konrad Wytrykowski said Spielmann’s opinion dismantled the government’s narrative, reinforcing that judicial appointments made by the president, even if politically influenced, are legally binding and effectively permanent.
During the PiS government’s tenure, the KRS was overhauled so that its members were chosen by parliament, not by fellow judges as had previously been the case — a move critics said compromised judicial independence. Yet PiS leaders have maintained the changes mirrored systems in other EU nations like Spain and Germany and were entirely constitutional under Polish law.
As legal battles over the judiciary rage on in Poland, Spielmann’s advisory opinion — while non-binding — could significantly influence how the ECJ eventually rules, setting the stage for a broader confrontation over national sovereignty, EU law, and the independence of Europe’s courts.
