The new Polish government prefers to reform the judicial system despite resistance from President Andrzej Duda and now the opposition party Law and Justice (PiS).

The key problem lies in refusing to recognise this reform as legitimate makes the status of so-called neojudges (judges appointed accordaning to the new legislation) pending.

And if this issue is not resolved any time soon, it could have truly catastrophic consequences for Poland, according to an article by Stanislav Zhelikhovskyi, Ph.D in Political Science and international expert – Purification or political control? Where will war for judicial system lead Poland.

The judiciary, as believed, became politicised, during the years under Law and Justice, which has been criticised for a long time.

The main dispute was about the method of appointing judges in Poland, namely whether judges appointed at the request of the National Council of the Judiciary (NCJ), had mainly parliament representatives since 2018, could be considered independent.

The reform was sharply criticised by the European Union, considering that such an approach creates significant risks that political views, rather than qualifications and experience, will guide the NCJ in selecting judicial candidates.

Since the previous Polish government's refused to repeal this reform, the EU even had to freeze funding for Poland's post-pandemic recovery.

So who exactly should influence the selection of judges: the judicial community (before 2017), or democratically elected parliamentarians (since 2018)?

Supporters of the first option emphasise the independence of the judiciary – and this position finds support in the EU.

On the other hand, supporters of the second scenario emphasise the need to strengthen the democratic legitimacy of the judiciary and its purification.

It is worth mentioning to understand the scale of the problem that about 2,000 judges were appointed under the new law.

Their status is being questioned now due to accusations of lack of independence from the legislative and executive branches.

So what will happen next with the National Council of the Judiciary, which has mainly parliamentarians and at whose request the president appoints judges?

It is considered necessary to move to a stage related to the election of Council new members, making the necessary changes to the current legislation.

In February, a bill of amendments to the law on the NCJ by new Minister of Justice Adam Bodnar is expected to be submitted to the Polish Sejm. It is currently under consideration in legal circles.

The key question is the election of judges to the NCJ through direct and secret ballots. Representatives of judicial associations should participate in them – except for the "neojudges," that is, nominees of the politicised Council.

Judges delegated to the Ministry of Justice, as well as heads or deputy heads of courts, the majority of whom were appointed by Zbigniew Ziobro, will also not be able to participate in the elections.

The draft prepared by the Ministry of Justice, however, does not address the issue of neojudges. In particular, it is unclear whether the decisions made by them in recent years can be considered legitimate.

This problem can be solved through political compromise.

President Andrzej Duda though has no intention of making concessions on this matter, promising to defend neojudges to the end.

The situation has the potential to generate a serious constitutional crisis in Poland. And along with that to halt economic life in the country.