ACCELERATION of Court Proceedings Announced by Minister Bodnar on November 21, 2024

During a press conference on Thursday, November 21, 2024, Minister Adam Bodnar announced a plan to accelerate the work of courts. He presented “10 pillars” designed to result in a more efficient and effective justice system.

The changes are planned to be implemented in 2025-2026. They are independent of other planned judicial reforms, which will require legislative amendments, anticipated after a change in the presidency in 2025. These include reforms to the National Council of the Judiciary (KRS), the Supreme Court, and addressing the status of neo-judges.

Four codification commissions appointed by Minister Bodnar are working on systemic and legal changes, primarily in civil and criminal law, which are also intended to expedite court proceedings. These commissions are dedicated to:

– Criminal law,
– Civil law,
– Family law, and
– The judiciary and prosecutorial systems.

The commissions are led by highly esteemed legal experts. Initial draft laws are expected to be ready soon.

The Minister emphasized that these systemic reforms are separate from the “10 pillars,” but they will be implemented simultaneously.

Faster Courts for Citizens as a Priority

“Efficient courts for citizens are among our most important priorities. Citizens need to feel that things are changing, that courts are working better,” Minister Bodnar stated at the conference.

He explained that these steps involve not only legislative changes but also awareness-building and training for judges. “Each of these measures will improve the situation in the courts,” he noted.

Additionally, the Minister announced that his ministry is preparing for Poland’s EU Presidency, which will commence in January 2025.

The “10 Pillars” of Bodnar’s Judicial Reforms

1. Reform of Court Experts

The Ministry of Justice has long been planning this reform. A nearly finalized draft law, developed under the guidance of the Minister’s representative, Professor Tadeusz Tomaszewski, himself a court expert, is set to be enacted in 2025 and implemented in 2026.

Court experts are currently too few in number, poorly compensated, and their opinions are often subpar, which delays case resolutions. The reform aims to ensure only the best experts in specific fields serve as court experts. Certification for experts and opinion-providing institutions will be overseen by a certification commission established by the Minister of Justice. This autonomous body will receive increased funding to improve compensation for experts, encouraging the best professionals to work for the courts. Additionally, an Expert Council will be established to advise the Minister.

2. Digitalization of Court Records and Registries

The Minister intends to enhance online access to court registries, including the National Court Register and land registers, through platforms like the mObywatel app. Plans include the digitalization of court records, enabling the aggregation of data by judicial systems. A pilot program is set to launch in select courts in 2025.

3. Addressing Case Backlogs

Bodnar aims to simplify procedures for filing complaints about delays, particularly in cases of conditional early release, disciplinary proceedings, and immunity hearings for judges and prosecutors, which currently progress slowly. The minimum compensation for delays will be raised from PLN 2,000 to PLN 3,000. Judges and court presidents will receive training to address this issue.

4. Promoting Mediation

Mediation is underutilized in Poland. The Minister plans to make it more common, professionalizing mediators and standardizing their work. More categories of cases will require mandatory mediation, linked with access to free legal assistance.

5. More Judicial Assistants

The 2025 budget includes funding for 1,159 additional judicial assistant positions. These assistants will primarily support departments handling complex cases, such as those related to foreign currency loans. Nationwide, the goal is to have one assistant for every two judges. Law students in their fourth and fifth years may also serve as assistants after passing a special exam.

The Remaining Five Pillars

6. Accelerating Proceedings in Foreign Currency Loan Cases

There are approximately 200,000 pending lawsuits related to Swiss franc loans, which slow down other civil and commercial cases. To address this, the Ministry will promote and facilitate pre-trial and court settlements with banks. Legislative changes and training for judges are also planned. Additionally, a virtual assistant will help judges prepare standardized decisions for these often repetitive cases.

7. Court Information Portal

The Court Information Portal, used by legal professionals to handle cases online, will be enhanced with new modules, including e-payment functionalities, and improved communication features. These upgrades are scheduled for completion by the end of 2025.

8. Increased Role for Court Inspectors

There are about 400 court inspectors, who evaluate the work of other judges and provide opinions on promotion candidates. With the suspension of judicial appointment processes pending the dissolution of the illegal neo-KRS, inspectors will take on more adjudication responsibilities until a new, legal KRS is established.

9. Executive Family Code

The Codification Commission for Family Law is preparing an Executive Family Code to define enforcement procedures in family cases. The code is expected to be ready by early 2025.

10. Management Training

Court leadership positions, such as presidents and department heads, are held by judges. The Ministry will provide management training for these individuals with the assistance of the National School of Judiciary and Public Prosecution (KSSiP).

The Legacy of Adam Bodnar’s Advocacy

Many of the systemic issues plaguing courts were identified by Adam Bodnar during his tenure as the Ombudsman. At the Ombudsman’s Office, he organized conferences, congresses, and expert panels that collected data on how to improve the situation. Experts from the office prepared in-depth legal analyses for the Ministry of Justice, which were ignored at the time but now appear to be instrumental.

The above article by Mariusz Jałoszewski was published on OKO.press on November 21, 2024.

https://oko.press/10-filarow-bodnara-w-sadach-reforma-bieglych-wiecej-asystentow-digitalizacja-mediacja-szkolenia