Poland’s President Proposes Controversial Changes to Supreme Court
President Andrzej Duda of Poland has put forward a series of controversial amendments to the functioning of the country’s Supreme Court. The proposed changes would grant judges appointed under the ruling Law and Justice (PiS) party the ability to pass resolutions independently, including resolutions that effectively recognize their own legitimacy. This move is strongly opposed by judges who were nominated to the court before PiS overhauled the judiciary.
On November 6, President Duda sent a draft amendment to the Supreme Court, without providing any justification for the proposed changes. The most significant amendment seeks to reduce the quorum needed for the Supreme Court and its individual chambers to adopt resolutions, from two-thirds of judges to one-half. Given that judges appointed under PiS currently occupy just over half of the seats on the court, this proposed change would allow them to adopt resolutions without the presence of the opposing judges appointed before PiS’s reforms.
The judges appointed before the reforms consider the judges nominated under PiS as illegitimate due to the changes made to the National Council of the Judiciary (KRS), the body responsible for their appointments. Various domestic and European court rulings have found these changes to be unlawful. As a result, the old judges have refused to work with their new counterparts. However, if Duda’s proposed changes are implemented, the new judges could effectively overturn or amend a resolution made by the full Supreme Court in January 2020, which rejected the legitimacy of the KRS. This would serve to confirm their status as legitimate members of the Supreme Court.
Critics argue that the proposed amendments represent further manipulation of the rules of the Supreme Court by politicians. Many view these changes as an attempt to increase political control over the judiciary. Over the past eight years, the PiS party has conducted significant reforms to Poland’s judiciary, claiming that it was necessary to remove post-communists from the courts and improve their functioning. However, these reforms have been widely criticized by both Polish and international experts, as well as the majority of the public, according to polls.
The proposed amendments have now been forwarded to the College of the Supreme Court, which is required to give its opinion on any proposals to amend the court’s procedures. The president of the court, Małgorzata Manowska, who was appointed as a new judge, has convened a meeting to discuss the amendments. However, the old judges have refused to attend, stating that they were not given sufficient notice or the necessary materials to form an opinion. Despite this absence, under existing regulations, if the College of the Supreme Court does not issue an opinion, it is considered to be tacit consent or a favorable opinion.
If the College of the Supreme Court’s stance is interpreted as tacit consent, the proposed amendments will be presented to PiS Prime Minister Mateusz Morawiecki for his approval. Morawiecki, who has been nominated by President Duda to continue as prime minister, will then have the opportunity to form a new government. However, all other political parties have ruled out working with PiS.
The proposed changes to the Supreme Court represent a contentious and highly debated issue in Poland. It remains to be seen how the situation will unfold and what impact these amendments will have on the country’s judiciary and political landscape.
