The Polish government has adopted a draft amendment to the Act on the National Council of the Judiciary (KRS) that alters the way judges can be nominated to the body.
The bill came as a further measure aimed at rolling back the previous government’s judicial changes and “ensuring the autonomy and independence of the judiciary.”
The former Law and Justice (PiS) government introduced changes to the KRS under which its members, which had previously been elected by the judges themselves, were nominated by politicians.
This prompted accusations that the so-called neo-KRS had fallen under the political influence of the government.
The amendment adopted on Tuesday by the new pro-EU government, stated that “the 15-member judges of the Council will be elected by all Polish judges and not, as until now, by the Sejm [the lower house of the Polish parliament - TVP World].”
According to the draft, the activities of judges elected in “an unconstitutional manner by the Sejm, on the basis of legislation passed in December 2017” will cease with the announcement of the new election results.
The PiS judiciary overhaul had triggered nationwide protests, and spurred the European Commission into launching rule-of-law infringement procedures against Poland, which in turn led to the blocking of funds amounting in billions of euros from the EU.
In 2022, the Supreme Court found that the new KRS was not compatible with the constitution. The European Court of Human Rights and the Court of Justice of the EU have also found irregularities in the procedure of appointing KRS judges.
The former Law and Justice (PiS) government introduced changes to the KRS under which its members, which had previously been elected by the judges themselves, were nominated by politicians.
This prompted accusations that the so-called neo-KRS had fallen under the political influence of the government.
The amendment adopted on Tuesday by the new pro-EU government, stated that “the 15-member judges of the Council will be elected by all Polish judges and not, as until now, by the Sejm [the lower house of the Polish parliament - TVP World].”
According to the draft, the activities of judges elected in “an unconstitutional manner by the Sejm, on the basis of legislation passed in December 2017” will cease with the announcement of the new election results.
The PiS judiciary overhaul had triggered nationwide protests, and spurred the European Commission into launching rule-of-law infringement procedures against Poland, which in turn led to the blocking of funds amounting in billions of euros from the EU.
In 2022, the Supreme Court found that the new KRS was not compatible with the constitution. The European Court of Human Rights and the Court of Justice of the EU have also found irregularities in the procedure of appointing KRS judges.
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