“We must bring about the restoration of the normal, constitutional framework for the functioning of the National Council of the Judiciary (KRS),” Poland’s Justice Minister Adam Bodnar told the Lower House of Parliament (Sejm) on Wednesday. He was presenting a draft amendment to the law regarding the body. Bodnar also announced that drafts on such issues as the Supreme Court and the status of the prosecutor’s office would also be presented.
The draft stipulates that the 15 judges-members of the KRS will be elected in direct elections and by secret ballot by judges, not, as has been the case since 2018, by the Sejm.
“The amendment to the Law on the National Council of the Judiciary, in the broadest terms, aims to restore the constitutional status of the activities of the KRS, especially of those 15 members-judges who are appointed to the KRS,” Bodnar said.
He recalled that in 2017–2018 there was a “fundamental, from the point of view of the Polish system, change in the way the 15 member-judges of the KRS were elected.”
“The amendment to the Law on the National Council of the Judiciary, in the broadest terms, aims to restore the constitutional status of the activities of the KRS, especially of those 15 members-judges who are appointed to the KRS,” Bodnar said.
He recalled that in 2017–2018 there was a “fundamental, from the point of view of the Polish system, change in the way the 15 member-judges of the KRS were elected.”
As he said, from 1989 until 2017, they were elected by judges, and from 2018, it was the Sejm that gained the right to elect the members. Bodnar added that at the time, many people protested against the changes, but to no avail. “And since 2018, there has been a continuous process of appointments by the KRS with a new composition, which has resulted in numerous [critical] rulings by the Court of Justice of the EU and rulings by the European Court of Human Rights,” he pointed out.
The minister added that this jurisdiction has also resulted in concrete financial and reputational consequences for Poland. “The government… is of the opinion that we have to reverse this process; we have to bring about the restoration of a normal, constitutional framework for the functioning of the KRS, but also for other organs of the judiciary,” Bodnar said.
First of many reforms
He stressed that the draft amendment to the law on the KRS is the first proposed law and will be followed by others on the Supreme Court, on the status of the prosecutor's office, on the system of common courts, and on the execution of ECHR judgments.
The justice minister recalled that the changes contained in the draft relate essentially to two issues: changes in the election of member judges to the KRS and the establishment of a new body, the Social Council at the KRS.
Voices of discontent
The draft amendment was negatively reviewed back in February by the opposition and the current KRS (elected by the previous gov’t). According to a statement issued by the KRS on February 16, the draft is “contrary to the fundamental constitutional principles of the Polish legal order.”
The statement added that “the draft introduces an oligarchic system, which will strengthen the temptations for promotion of judges. At the same time, the draft does not provide for the loss of a Council member's mandate as a result of taking another position in the judiciary—different from the one previously held.”
The minister added that this jurisdiction has also resulted in concrete financial and reputational consequences for Poland. “The government… is of the opinion that we have to reverse this process; we have to bring about the restoration of a normal, constitutional framework for the functioning of the KRS, but also for other organs of the judiciary,” Bodnar said.
First of many reforms
He stressed that the draft amendment to the law on the KRS is the first proposed law and will be followed by others on the Supreme Court, on the status of the prosecutor's office, on the system of common courts, and on the execution of ECHR judgments.
The justice minister recalled that the changes contained in the draft relate essentially to two issues: changes in the election of member judges to the KRS and the establishment of a new body, the Social Council at the KRS.
Voices of discontent
The draft amendment was negatively reviewed back in February by the opposition and the current KRS (elected by the previous gov’t). According to a statement issued by the KRS on February 16, the draft is “contrary to the fundamental constitutional principles of the Polish legal order.”
The statement added that “the draft introduces an oligarchic system, which will strengthen the temptations for promotion of judges. At the same time, the draft does not provide for the loss of a Council member's mandate as a result of taking another position in the judiciary—different from the one previously held.”
Source: PAP, krs.pl
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