Poland's political forces agree that the EU member's justice system -- slow and at times corrupt -- requires reform.
But when the governing Law and Justice party (PiS) introduced sweeping changes at breakneck speed, the opposition and Brussels reacted with alarm.
They say the reforms will weaken the separation of powers and also go against the Constitution.
Here are the main institutions concerned:
- Constitutional Court -
In response to the previous centrist parliament's legally murky appointment of a few judges, the current conservative majority passed a series of laws in 2015-16 that resulted in tilting the make up of courts in its favour and installing a PiS ally as the chief justice.
The legislative battle saw the president refusing to swear in legally elected judges and the government not publishing court rulings.
Concern over the rule of law in Poland led the European Commission to launch an unprecedented procedure that could eventually see Warsaw's voting rights suspended in the Council of Ministers, the EU's highest decision-making body.
- National Council of the Judiciary -
Polish MPs adopted a reform in mid-July, which still needs to be signed by President Andrzej Duda to become law, that would enable the PiS-controlled parliament to choose members of the National Council of the Judiciary (KRS) -- a task currently carried out by an independent body.
The KRS currently chooses judges and has the authority to allow them to remain on the job after they turn 65.
Duda proposed that KRS members should be elected by 60 percent of lawmakers, a move aimed at denying the ruling party complete control on who gets in.
Under the bill, the Council would now have two assemblies: one made up of judges and another comprising politicians who would jointly appoint judges.
The mandate of the serving judge members of the Council will end a month after the change comes into force.
The opposition and legal associations say this will subject the judiciary to political interference.
- Common courts -
Lawmakers also adopted a reform on common courts -- which include appellate courts -- in mid-July and it too needs to be signed by Duda to become law.
The changes would allow the justice minister to unilaterally name the heads of common courts.
Legal circles and the liberal opposition say the reform gives the executive control over the courts.
- Supreme Court -
The PiS tabled a draft law in mid-July that is now under debate in parliament. It would notably create a disciplinary board that would collaborate with the justice minister, who could demand that it look into a particular matter or reopen closed cases.
The mandates of the 93 judges of the Supreme Court, including that of the Chief Justice, would also expire, with the exception of those chosen by the KRS.
Critics say the reform could give the justice minister the power to sanction judges and influence the Supreme Court. The early termination of the current judges' terms is considered a violation of the Constitution.
Poland’s political forces agree that the EU member’s justice system — slow and at times corrupt — requires reform.
But when the governing Law and Justice party (PiS) introduced sweeping changes at breakneck speed, the opposition and Brussels reacted with alarm.
They say the reforms will weaken the separation of powers and also go against the Constitution.
Here are the main institutions concerned:
– Constitutional Court –
In response to the previous centrist parliament’s legally murky appointment of a few judges, the current conservative majority passed a series of laws in 2015-16 that resulted in tilting the make up of courts in its favour and installing a PiS ally as the chief justice.
The legislative battle saw the president refusing to swear in legally elected judges and the government not publishing court rulings.
Concern over the rule of law in Poland led the European Commission to launch an unprecedented procedure that could eventually see Warsaw’s voting rights suspended in the Council of Ministers, the EU’s highest decision-making body.
– National Council of the Judiciary –
Polish MPs adopted a reform in mid-July, which still needs to be signed by President Andrzej Duda to become law, that would enable the PiS-controlled parliament to choose members of the National Council of the Judiciary (KRS) — a task currently carried out by an independent body.
The KRS currently chooses judges and has the authority to allow them to remain on the job after they turn 65.
Duda proposed that KRS members should be elected by 60 percent of lawmakers, a move aimed at denying the ruling party complete control on who gets in.
Under the bill, the Council would now have two assemblies: one made up of judges and another comprising politicians who would jointly appoint judges.
The mandate of the serving judge members of the Council will end a month after the change comes into force.
The opposition and legal associations say this will subject the judiciary to political interference.
– Common courts –
Lawmakers also adopted a reform on common courts — which include appellate courts — in mid-July and it too needs to be signed by Duda to become law.
The changes would allow the justice minister to unilaterally name the heads of common courts.
Legal circles and the liberal opposition say the reform gives the executive control over the courts.
– Supreme Court –
The PiS tabled a draft law in mid-July that is now under debate in parliament. It would notably create a disciplinary board that would collaborate with the justice minister, who could demand that it look into a particular matter or reopen closed cases.
The mandates of the 93 judges of the Supreme Court, including that of the Chief Justice, would also expire, with the exception of those chosen by the KRS.
Critics say the reform could give the justice minister the power to sanction judges and influence the Supreme Court. The early termination of the current judges’ terms is considered a violation of the Constitution.
