2024-08-02 22:17 update: 2024-08-06, 15:07
Photo PAP/Tytus Żmijewski
Andrzej Duda, the Polish president, has sent for verification by the Constitutional Tribunal (TK) a bill reforming the National Council of the Judiciary (KRS), a body responsible for nominating judges which is said to have been politicised by the former government.
The Polish parliament has recently passed an amendment to the KRS law which reverses the change introduced by the former Law and Justice (PiS) government under which 15 KRS members are now elected by politicians in parliament. The PiS reform sparked concerns among the then opposition, judicial circles, European institutions and courts that the move had effectively politicised the supposedly independent body.
The recent amendment corrects that by giving back voting powers to judicial circles but cannot become law without Duda's signature.
Malgorzata Paprocka, head of Duda's office, told PAP on Friday that the president had sent the legislation to the TK under 'preventive control'.
In his request, Duda stated that the provisions raise constitutional doubts with regard to the passive electoral right of the KRS judges, the questioning of the president's prerogative to appoint judges, and the principles of judicial independence as well as balance between the authorities, and legalism.
Adam Bodnar, the justice minister, addressed the decision on the platform X. "The president does not want to rebuild the constitutional framework of the KRS," he wrote.
"He has decided to obstruct the restoration of the independence of the judiciary. He will not contribute to the restoration of the rule of law," Bodnar added.
The Polish president can sign a piece of legislation passed by parliament into law, veto it or send it to the TK for verification.
The current Donald Tusk government accuses PiS of having politicised the TK as well by manning it with loyalists and even former PiS politicians.
Duda, a former PiS member, is considered an ally of the party. (PAP)
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