Polish Justice Minister Adam Bodnar outlined on Friday (Jan. 12) a bill that aims to correct the way judges are appointed as a first step in rolling back the previous nationalist government's judicial reforms with a view to unfreezing EU funds.
The former Law and Justice (PiS) party government had for years been stuck in a row with Brussels over its court reforms and the rule of law, resulting in billions of European Union's funds for Poland being frozen.
But pro-EU parties won a majority in an Oct. 15 election, ending eight years of PiS rule, and a new government led by former European Council president Donald Tusk has vowed to regain access to the money.
One of the key issues is the procedure for appointing judges, which critics say was politicised under PiS. The European Court of Human Rights and Court of Justice of the EU have also pointed to irregularities in the procedure.
Bodnar proposes that members of the National Council of the Judiciary (KRS) should be appointed by other judges, with the judges nominated by the previous Council being excluded from the process.
"In our opinion, such a bill is consistent with the constitution and international treaties applicable to Poland ... and it will meet standards resulting from ECHR and CJEU verdicts," said Deputy Justice Minister Dariusz Mazur.
Doubts over the validity of appointment of judges under PiS has led to disarray in the courts, as shown by a recent case regarding the conviction of two former PiS ministers.
Judges appointed according to the new rules introduced by PiS argue that questioning their status would be illegal and lead to even more chaos.
"Attempts to question the status of judges undermine the foundations of the Polish Republic's political system," judges of the Supreme Court Civil Chamber said in a resolution published on Friday.
Źródło: TVN24 News in English, Reuters