The presence of a judge on this list does not prejudge his independence or competence.
The aim of this campaign is not to stigmatize judges, but only to make citizens aware of the procedural risks associated with the fact of adjudication by a defectively appointed judge.
Defective judicial appointments in these cases are primarily the fault of state institutions.
To a lesser extent, it is the fault of the judges themselves who participated in the flawed appointment procedure. The judges from this list were appointed by the unconstitutionally elected National Council of the Judiciary (KRS). The procedure of appointing the so-called neo-KRS is also contrary to EU law, to which Poland committed itself in the Treaty of Lisbon, signed in 2007 by President Lech Kaczyński.
Although these persons obtained judicial appointments from the President,
all of their rulings may be challenged on the basis of defective appointment to office.
The Polish Supreme Court, in a Resolution of the Three Chambers
ruled that those judges should refrain from ruling. However, if a judge from this list, contrary to the opinion of the Supreme Court, sits on the bench deciding your case, be aware that the ruling of this court may be challenged.
This potentially means the need to repeat a given procedural step, and even the entire procedure, which, apart from other problems, e.g. property or family complications, involves additional costs for the parties.