New election of judges
Poland wants to make tabula rasa in the Constitutional Court
March 4, 2024, 8:36 p.m
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As Prime Minister Tusk strives to restore the rule of law, the previously frozen billions are flowing from Brussels. Now his government is planning a constitutional amendment to replace the staff in the Constitutional Court. However, she faces problems.
Poland’s Justice Minister Adam Bodnar has presented plans for a reform of the Constitutional Court. The measures planned by the government, which has been in office since December, include, among other things, a constitutional amendment to replace the court. The aim of the “reparations package” is to “clean up” the situation at the court that was newly occupied by the previous populist government and thus contribute to “restoring the rule of law,” said Bodnar.
The intended constitutional amendment is intended to make it possible to remove all current judges from office and replace them with newly elected judges. However, in order to change the constitution accordingly, the consent of the populist opposition in parliament is required. She has already announced her no.
Parliament is also expected to vote on a resolution that will identify deficiencies in the current Constitutional Court. The government of Prime Minister Donald Tusk is particularly targeting the current chairwoman of the court, Julia Przylebska, who is said to be holding the post illegally. The measures are scheduled to be debated in the House of Representatives and the Senate, the second chamber of parliament, from Wednesday.
137 billion EU funds released
For years, the Polish Constitutional Court was under the influence of the national-conservative PiS party, which ruled until December. The EU complained that the court no longer met the requirements of an independent judiciary. The reason for this was, among other things, a ruling by the court in October 2021, in which it questioned the primacy of European law over national law. Among other things, the PiS was accused of having installed judges loyal to the government at the Constitutional Court.
In view of the reform intentions of the new pro-European Polish government, EU Commission President Ursula von der Leyen announced at the end of February the release of 137 billion euros in EU funds that had previously been frozen due to the rule of law dispute. In return, the government in Warsaw promised, among other things, to reform the Constitutional Court and to separate the functions of the Minister of Justice and the Prosecutor General again.