Despite imminent EU sanctioning procedure, Polish president has put in place two more controversial judicial reforms. Andrzej Duda, according to his own information, signed two reforms concerning Supreme Court and National Council (NCJ). “We have very good solutions in Poland that make judiciary more efficient,” said Duda in a television address. The democratic nature of judicial system will be strengned by reforms.
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The government in Warsaw had already adopted laws – only signature of Dudas was missing. Still in July, President vetoed law measures advocated by PiS government. He did not want to give too much power to attorney general, who is also Minister of Justice in Poland.
Reforms in Polish judicial system
According to new laws, 15 judges of Justice Council are no longer elected by or judges as before, but with a Dreifünftelmehrheit from House of Parliament. Candidates should be on a single list, and no parliamentary group may appoint more than nine candidates. The NCJ is intended to protect independence of judiciary. In addition, reforms have introduced an extraordinary complaint against judgments of past twenty years. This is intended to give citizens more legal certainty.
In addition, retirement age of members of Supreme Court is reduced from current 70 to 65 years. Only head of state can allow judges to officiate up to age of 70 years. This is to get rid of PiS judges who, in ir opinion, are burdened by time before turnaround. According to party, Poland’s judicial apparatus had not been reformed since end of communism 1989 and judges were largely corrupt.
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Legal experts criticize influence of government party PiS on judges and courts. Diepolnische opposition criticized it as not constitutional. The EU also sees changes in law as a restriction of rule of law and separation of powers. That is why EU Commission is now also facing Member State – for first time in its history.
The commission accuses Polish Government of undermining dieUnabhängigkeit of justice and reby violating principle of rule of law. In afternoon, it initiated a procedure under Article 7 of Treaty on European Union. In worst case, Poland could be deprived of voting rights in EU.
It is difficult to take this step, but re is no or option, said Mr Frans Timmermans, vice-President of Commission. However, Poland still has opportunity to correct course and to talk. The Commission has given new recommendations to government in Warsaw to resolve crisis, Timmermans said. Should government follow this within three months, Commission will consult again. In opinion of government critics, however, putting of two furr reforms by Duda is a fatal signal for Poland’s willingness to dialogue with Commission.
But before re is any sanctions, several votes must be taken. First of all, European Council, with fifths, would have to note that Poland’s approach endangers a serious violation of fundamental values of EU. Before that, however, he must obtain assent of European Parliament, which will only meet again in January. In a furr step, Member States would n have to unanimously state that re is indeed a serious breach of basic values. As Hungary has announced its veto, required unanimity is considered unlikely.
