POLAND
The controversy over the status of judges in Poland has escalated, with a Supreme Court ruling and a Parliamentary vote setting the country on a collision course with the European Union.
The Supreme Court ruled that judges appointed under new Government rules do not have the right to issue judgments.
The governing Law and Justice Party (PIS) maintains the court has no right to make such a decision.
At the same time, Polish lawmakers voted in favour of a Bill that would allow judges who criticise the Government’s reforms to be disciplined, setting the stage for fresh conflict with the European Union which says the law is designed to muzzle judges.
The Supreme Court ruling underlines the divisions around the Polish judiciary, with some judges questioning the legitimacy of judges appointed by a reformed body which critics say is politicised.
President of the Supreme Court, Malgorzata Gersdorf (pictured) said judges appointed under the new laws do not have the right to issue judgments in criminal cases.
“In civil cases a panel of judges including a person appointed in this way is against the law,” Justice Gersdorf said.
Lawmakers in the Lower House of Parliament voted 234-to-211 to disregard the rejection by the Senate of a law which would allow judges who criticise the Government’s reforms to be disciplined.
The Opposition-dominated Senate voted 51-to-48 to reject the Bill, but it is not able to block the reform, which will become law if it is signed by President Andrzej Duda, an ally of the nationalist PIS.
President Duda, who faces election this year, said he would not allow anybody to tell Poland “in foreign languages” what system it should have.
The PIS maintains the legislation is necessary to avoid chaos in the legal system, as some judges have started questioning the legality of the appointment of others.
However, the EU believes the Bill is designed to stop criticism of the Government’s wide-ranging reforms, which they say aim to increase Government control over the judiciary.
Warsaw, 24 January 2020
