The body published its assessment on Friday of a draft law aimed at addressing the status of so-called 'neo-judges', appointed between 2018 and 2025 through what critics say was a politicised appointments process.
The Commission broadly backed the legislation's aims, acknowledging that the scale of irregularities Poland faces in restoring the rule of law is "unprecedented".
But it flagged several areas where the proposals fall short.
The review proceeded despite Poland's new Justice Minister, Waldemar Żurek, who replaced Adam Bodnar last summer, withdrawing the draft from the Commission's consideration.
The Parliamentary Assembly of the Council of Europe stepped in to request the assessment independently, prompting a Commission delegation to visit Poland before issuing Friday's opinion.
One of the chief concerns is the treatment of judges facing transfer or removal.
The Commission recommended that – with possible exceptions for judges from two controversial Supreme Court chambers – those affected should remain in post until fresh appointment competitions are completed.
Those competitions must include explicit criteria assessing candidates' commitment to judicial independence and political neutrality, with outcomes subject to court scrutiny and approval.
The Commission also said that anyone seeking to reopen a case on the grounds that it was heard by an improperly appointed judge would need to show the involvement actually affected the outcome, raising the bar against a potential flood of legal challenges.
A note of caution was also sounded over plans to allow public bodies to challenge final administrative court rulings on the same basis as private citizens.
The opinion will be formally adopted at a plenary session on 6 March, where Polish representatives are expected to attend.
(ał)
Source: PAP