The Venice Commission (VC) has responded positively and added its own recommendations to a bill that seeks to make amendments to Poland’s Act on the National Council of the Judiciary (KRS). The suggested changes stand to alter the manner in which judges can be nominated to the judiciary’s self-governance body.
Previously, the independence of the “neo-KRS” had been questioned by both the European Court of Justice and the European Court of Human Rights (ECHR). Controversy had first arisen in 2018 when most members of the KRS were named by ruling party politicians rather than fellow judges.
First adopted by Poland’s Lower House (the Sejm) on April 12, the amendment aims to reverse the changes made to the KRS by the previous government. Ultimately, it envisages that the 15 member judges of the KRS will be elected via a secret ballot involving all of Poland’s judges. The VC - the legal advisory body to the Council of Europe - issued its opinion on Wednesday after being asked to do so as a matter of urgency by Adam Bodnar, Poland’s Minister of Justice. Analysts expect it to be formally adopted at June’s session in Venice.
Writing on X, Bodnar said: “Thank you @VeniceComm for the cooperation and your trust. Surely the opinion will contribute to the final text of the law.” Continuing, he said that Poland’s government is fully committed to “taking advantage of the Venice Commission’s expertise.”
First adopted by Poland’s Lower House (the Sejm) on April 12, the amendment aims to reverse the changes made to the KRS by the previous government. Ultimately, it envisages that the 15 member judges of the KRS will be elected via a secret ballot involving all of Poland’s judges. The VC - the legal advisory body to the Council of Europe - issued its opinion on Wednesday after being asked to do so as a matter of urgency by Adam Bodnar, Poland’s Minister of Justice. Analysts expect it to be formally adopted at June’s session in Venice.
Writing on X, Bodnar said: “Thank you @VeniceComm for the cooperation and your trust. Surely the opinion will contribute to the final text of the law.” Continuing, he said that Poland’s government is fully committed to “taking advantage of the Venice Commission’s expertise.”
The VC had earlier announced that the amendment had legal justification. Among other concerns, the Commission recommended reconsidering the eligibility criteria of judges standing for election to the KRS to ensure a broader representation of judges.Thank you @VeniceComm for the cooperation and your trust. Surely the opinion will contribute to the final text of the law. The Government of Poland remains committed to take advantage of the Venice Commission's expertise. https://t.co/eSrcAW6pVP
— Adam Bodnar (@Adbodnar) May 8, 2024
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