The Polish parliament has passed two bills that alter the way the Constitutional Tribunal (TK), the nation’s highest court, operates.
Since coming to power in November 2023, the new pro-EU government has sought to restore what it deems rule-of-law standards. The aim is to reverse numerous controversial changes made by the previous socially conservative Law and Justice (PiS) government.
Pro-EU parties, judicial circles, NGOs, and the European Commission have claimed that during PiS’s rule from 2015 to 2023, the Constitutional Tribunal, the Supreme Court, and the National Council of the Judiciary (KRS) were politicized.
The new government’s rule-of-law restoration plan prompted the European Commission to end infringement proceedings against Poland and release billions of złoty in frozen EU funds.
Pro-EU parties, judicial circles, NGOs, and the European Commission have claimed that during PiS’s rule from 2015 to 2023, the Constitutional Tribunal, the Supreme Court, and the National Council of the Judiciary (KRS) were politicized.
The new government’s rule-of-law restoration plan prompted the European Commission to end infringement proceedings against Poland and release billions of złoty in frozen EU funds.
The reforms include changes to the National Council of the Judiciary, the Constitutional Tribunal, and the separation of the roles of prosecutor general and Minister of Justice.
The first bill, approved on Wednesday, outlines changes to the TK’s functioning, while the second bill implements these modifications.
A total of 242 MPs supported the bill, 202 opposed it, and there were no abstentions. The second bill produced the same outcome, with 242 votes in favor and 200 against.
The reform involves three acts currently relating to the functioning of the TK which will be discontinued. These pertain to the status of the TK judges, the organization and procedure of the TK, and the provisions introducing laws on the organization and procedure of the TK.
Furthermore, the judgments of the TK issued in recent years via a panel with the participation of “persons not authorized to adjudicate” are to be considered “invalid and ineffective.”
In addition to invalidating some judgments, the act also enables current TK judges to retire after the new provisions come into force.
The judges responsibilities will also be expanded. Additionally, the entities that can nominate candidates for judges for the TK will be increased. Another significant change will be the extension of the scope of considering constitutional complaints.
The Sejm also rejected two motions from PiS politicians aimed at dismissing both bills.
PiS, the main opposition party, accused the government of failing to address the reservations the Ombudsman, the National Council of the Judiciary, the Supreme Court, and parliamentary legislators have towards the bills.
The new laws on the TK, along with a resolution from March and a proposed constitutional amendment, constitute a comprehensive reform plan for the court introduced by Justice Minister Adam Bodnar and the ruling coalition in March 2024.
The first bill, approved on Wednesday, outlines changes to the TK’s functioning, while the second bill implements these modifications.
A total of 242 MPs supported the bill, 202 opposed it, and there were no abstentions. The second bill produced the same outcome, with 242 votes in favor and 200 against.
What do the bills entail?
The reform involves three acts currently relating to the functioning of the TK which will be discontinued. These pertain to the status of the TK judges, the organization and procedure of the TK, and the provisions introducing laws on the organization and procedure of the TK.
Furthermore, the judgments of the TK issued in recent years via a panel with the participation of “persons not authorized to adjudicate” are to be considered “invalid and ineffective.”
In addition to invalidating some judgments, the act also enables current TK judges to retire after the new provisions come into force.
The judges responsibilities will also be expanded. Additionally, the entities that can nominate candidates for judges for the TK will be increased. Another significant change will be the extension of the scope of considering constitutional complaints.
The Sejm also rejected two motions from PiS politicians aimed at dismissing both bills.
PiS, the main opposition party, accused the government of failing to address the reservations the Ombudsman, the National Council of the Judiciary, the Supreme Court, and parliamentary legislators have towards the bills.
The new laws on the TK, along with a resolution from March and a proposed constitutional amendment, constitute a comprehensive reform plan for the court introduced by Justice Minister Adam Bodnar and the ruling coalition in March 2024.
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