Accessibility links

Poland’s Senators OK Controversial Overhaul of Court

  • Associated Press

Opposition supporters shout slogans and raise candles as they protest in front of the Supreme Court against a law on court control in Warsaw, Poland, July 21, 2017. The bill on the Supreme Court has drawn condemnation from the European Union and has led to street protests in Warsaw.

Poland’s Senate approved a contentious law Saturday that gives politicians substantial influence over the Supreme Court, in defiance of European Union criticism.

The bill proposed by the populist ruling party only needs the signature of President Andrzej Duda to become binding. Duda has so far followed the ruling party line.

The vote was 55-23 with two abstentions. And it was met with boos from protesters gathered in front of the Senate building.

End of judicial independence

EU leaders say the bill would kill judicial independence and threaten the rule of law in the EU’s largest member in Central and Eastern Europe. The U.S. Department of State voiced concern Friday.

Leader of the ruling Law and Justice party, Jaroslaw Kaczynski, votes to approve a law on court control, in the parliament in Warsaw, Poland, July 20, 2017.
Leader of the ruling Law and Justice party, Jaroslaw Kaczynski, votes to approve a law on court control, in the parliament in Warsaw, Poland, July 20, 2017.

Jaroslaw Kaczynski, head of Poland’s ruling Law and Justice party, contends the judiciary still works along a communist-era model and harbors many judges from that time. Communist rule ended in 1989. He says the justice system needs “radical changes” to become efficient and reliable.

Prime Minister Beata Szydlo says the legislation is an internal matter and the government will not bow to any foreign pressure.

The legislation calls for firing current Supreme Court judges, except those chosen by the justice minister and approved by the president. It gives the president the power to issue regulations for the court’s work. It also introduces a disciplinary chamber that, on a motion from the justice minister, would handle suspected breaches of regulations or ethics.

Opposition supporters protest in front of the presidential palace, urging President Andrzej Duda to reject a bill voted by lawmakers on court control, in Warsaw, Poland, July 20, 2017.
Opposition supporters protest in front of the presidential palace, urging President Andrzej Duda to reject a bill voted by lawmakers on court control, in Warsaw, Poland, July 20, 2017.

Protesters gather again

In anticipation of the vote, crowds gathered Friday night for yet another protest in front of the Supreme Court building in Warsaw and in some other cities. About 200 protesters also gathered in front of Duda’s vacation home in Jurata, on the Baltic coast, to demand that he doesn’t sign the bill.

The president has 21 days to sign it, and is not expected to do it before his meeting Monday with the head of the court, Malgorzata Gersdorf.

Two other bills on a key judicial body and on regular courts also await Duda’s signature.

U.S. President Donald Trump is greeted by Polish President Andrzej Duda as he visits Poland during the Three Seas Initiative Summit in Warsaw, July 6, 2017.
U.S. President Donald Trump is greeted by Polish President Andrzej Duda as he visits Poland during the Three Seas Initiative Summit in Warsaw, July 6, 2017.

Duda has so far not accepted an invitation for talks on the issue from European Council President Donald Tusk, a former Polish prime minister.

Speaking to Poland’s TVN24, Tusk repeated his readiness for talks and said he was a “little disappointed’’ there has been no meeting.

Tusk said the steps the Polish government is taking toward the judiciary would allow it to limit social freedoms if it wants. He said they are in conflict with the EU’s principles and are damaging to Poland’s international standing.

European Commission Vice-President Frans Timmermans has warned that Poland could face a proceeding under Article 7 of the EU treaty, which makes possible sanctions in case of a “serious and persistent” breach of the EU’s basic values. In theory, Poland could be deprived of its vote in the EU’s council of governments, but such a move would have to be unanimous.

XS
SM
MD
LG