By Dr Robert Lewandowski, attorney at law (radca prawny) at Derra, Meyer & Partners in Warsaw
The ruling Law and Justice Party (PIS) in Poland recently introduced new drafts of three controversial bills on reform of the Polish judiciary system: first on Supreme Court, second on National Council of Judiciary and the third one on the Common Court System. After Polish Parliament (“Sejm”) agreed all three bills, they were presented to the President Andrzej Duda for final approval. President Duda vetoed the first two bills and called for them to be amended, however, the latter law on the Common Court System was accepted by the President.
The first law on the Supreme Court gives the Minister of Justice who is also the General Public Prosecutor (one person combines these two roles in Poland) the power do decide about the composition of the Supreme Court and to decide finally who should stay on and who should leave. In addition, according to this reform, all current Supreme Court judges will be required to step down. President Duda while questioning this bill raised the objection that the Justice Minister in his capacity as the General Public Prosecutor has never had the power to control the Supreme Court in Polish history and decide on the issue of who may or may not be suitable person for this position. The second law on National Judiciary Council grants the politicians control over who sites on this body which is entitled to nominate future Supreme Court judges. President Duda was of the opinion that the new law is also closely linked to the law on the Supreme Court and does not guarantee the impartiality and transparency within selecting judges. The third law on the Common Court System which give the Minster of Justice the right to nominate and dismiss judges in lower courts was approved by President Duda.
According to Polish law, the Parliament can now challenge the President’s veto if PiS party will be able to receive enough support (3/5 of votes constituting at least half of the Parliament Members) for the original legislation or by failure to start redrafting the two turned down bills and seeking new approval from President Duda. Time will tell how these court reform meltdowns in Poland will end.
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