Piotr Młgosiek: Individual verification of new judges, what is it like?

What risk does the choice of the method of correcting defective judicial nominations made by the Minister of Justice entail? An attempt to define it was made by the professorial duo M. Gutowski, P. Kardas in the article “Risks of the plan for new judges” (“Rzeczpospolita” from April 30 – May 1). Undoubtedly, the Minister of Justice’s referral of the draft text for an opinion by the Venice Commission is an attempt to minimize this risk. However, it seems that the way of capturing the effects of defective judicial nominations made in Poland since April 2018 is starting to diverge, to put it colloquially, somewhat when it comes to the case law of the two judicial bodies analyzing this issue, i.e. the European Court of Human Rights and the Court of Justice of the European Union.