2017-05-08
Analysis 8/2017: The draft amendments to the National Council of the Judiciary - another attempt to limit the rule of law
Synthesis
- In the coming weeks, Parliament may proceed with an attempt to change the functioning of yet another, after the Constitutional Court, constitutional body of the state - the National Council of the Judiciary, by means of a simple act.
- On 7 April 2017, combined votes of PiS (the Law and Justice Parliamentary Club) and Wolni i Solidarni (the Solidarity and Freedom Movement), let the the first draft of a bill amending the system of KRS (National Judicial Council) be referred to the Commission on Justice and Human Rights, which will be convened on 9 May 2017.
- The proposal includes, among others, selection of some judges of the KRS by the Sejm, a break with the model of the single body and organization of the work of the Council within two assemblies, and the expiry of the term of office of the judges under the Act.
- Justification of the project refers to allegedly similar regulations in other European countries, which is not supported by facts.
- Proposed changes are contrary to the Council of Europe acquis and threaten the right of access to an independent and impartial tribunal, as required by the European Convention on Human Rights.
- This project, combined with the announcements of the reform of the common law court system, present a real threat of a radical reduction in the distinctness and independence of the judiciary, and hence further erosion of the constitutional principle of the tripartite separation of political power.
- Enacting the bill in the proposed version will increase the influence of the governing politicians on the judges, thus contradicting the underlying values of the rule of law.
Full analysis by FOR (in Polish) aviliable here.
You are welcome to contact our expert:
Patryk Wachowiec - Lawyer at FOR
patryk.wachowiec@for.org.pl
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