It was Jaroslaw Kaczynski, the majority leader and strongman of the country, who made the announcement in person: the Polish government is planning a new phase of justice reform. And if the project has not yet come out of the drawers of the Ministry of Justice, the main lines drawn have already deeply worried the magistrates who fear that, under the guise of a compromise with Brussels, the conservative national government will drive the point home, and completes the politicization of the justice system.
“We must control the anarchy that reigns today in the courts, and we must liquidate the institutions that have not proven themselves. The disciplinary chamber [de la Cour suprême] has not been proven “, Kaczynski said in a radio interview on Saturday October 16. The abolition of this chamber, perceived as an instrument of repression of judges, had been demanded by a judgment of the Court of Justice of the European Union (CJEU) in July, Brussels making it a condition to release funds for the recovery plan European.
But while going in the direction of the Court of Luxembourg, the government foresees two major structural changes which could, paradoxically, increase the conflict with the European institutions. It wishes, on the one hand, to limit the powers and size of the Supreme Court and, on the other hand, to reduce the number of administrative levels of the courts of common law. Upheavals which, in the opinion of the quasi-unanimity of magistrates, pose serious threats to the proper functioning and independence of the courts.
Profound “legal chaos”
The Supreme Court would thus have its powers of cassation withdrawn, which would result in a significant reduction in the number of judges. “The goal is clear, denounces Krystian Markiewicz, president of the association of Polish judges Iustitia. We first increase the number of judges appointed to the Court, as is the case at present, then we reduce its staff to keep only “Ses” nominees. The same path has been followed in Hungary and Turkey. The goal is to have a Supreme Court that is docile and under orders, like the current constitutional court. “
As for the abolition of an administrative level in the ordinary courts and the establishment, in place of “subsidiaries”, the consequence will be a facilitation of the removability of judges and of cases between the courts. “The CJEU has already ruled that the principle of tenure of judges is at the heart of European law. These changes will therefore be contrary to European case law and the Commission has a duty to take this into account ”, says Markiewicz.
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