Our job is to dispel President Andrzej Duda’s doubts about the draft amendment to the Supreme Court Act and perhaps propose amendments to the law that would not raise such doubts, government spokesman Piotr Müller said on Monday.
This week, the Sejm will consider the draft amendment to the Supreme Court law. The first reading of the bill was scheduled for Wednesday, January 11. There are already several opinions available on this project. According to the Sejm Research Bureau, the draft can be regarded as implementing EU law.
What about the majority?
Müller was asked in Polsat News on Monday how the ruling party will solve the majority problem in the Sejm for this project.
Firstly, if we address at least in part, I do not say in full, but in part the statements made by some opposition MPs that they believe that the funds of the National Reconstruction Plan are important for Poland and should be released quickly, then this project is such a solution
he noticed.
As I understand it, each of the deputies is in the Polish parliament to pursue the interests that are good for Poland and good for the citizens. So I guess at least some of the opposition – I’m not saying all of them, because I don’t believe it – I think they can support it, or at least abstain
Muller added.
When asked if the government would accept some amendments to the draft draft prepared by the opposition, the government spokesman replied: “We will talk about it.”
However, at the moment there is no answer from our side because, as I said, the fundamental problem is that any changes to this project, firstly, increase the instability in the justice system, or, on the other hand, violate the possibility of the compromise with Brussels
said a government spokesman.
Pointing out that PiS has no support for this project of President Andrzej Duda and whether there are talks with the head of state on the subject, the government spokesperson said:
We are talking to the ministers of the President’s Chancellery, both EU Minister Szymon Szynkowski vel Sęk and our lawyers to look for solutions. But inevitably in such delicate matters it is better to wait for specific possible amendments and not discuss them publicly, because it always evokes unnecessary emotions.
When asked how the ruling party intends to convince President Duda, who unofficially but verbally vetoed this project, he said clearly that he would not support it as it would violate his powers when it comes to the provision on the independence test of judges, Müller replied, that the president never said I would veto this bill.
Of course, he talked about his doubts, which is why these doubts are the most important thing to clear up at this time
said a government spokesman.
A task for the rulers
As he added, “our job is to clear up these doubts and perhaps propose legislative changes that don’t create doubt.”
Because these provisions literally raise no doubt, but I understand the president’s concern that the judiciary might try to abuse certain mechanisms
Mueller emphasized.
According to the authors, the draft amendment to the Supreme Court law, which PiS submitted to the Sejm on December 13 last year, should complete an important “milestone” for the European Commission to release funds from the KPO. The assumptions of the project – as reported – were negotiated during the talks of the Minister of EU Affairs Szymon Szynkowski aka Sęk in Brussels.
Under the draft, disciplinary and immunity cases of judges would be decided by the Supreme Administrative Court, and not, as currently, by the Supreme Court’s Chamber of Professional Responsibility. The proposed amendment also extends the scope of the so-called test of independence and impartiality of the judge, which can be initiated not only by the litigant, but also ex officio by the court itself. The project also complements the method of examining the impartiality of a judge.
The Sejm was due to consider the draft in mid-December last year, but it was taken off the agenda. His consultations and work on the design of two legislative teams: presidential and government teams were announced. Prime Minister Mateusz Morawiecki spoke twice about the project with Solidarna Polska politicians, including Zbigniew Ziobro, the Minister of Justice and the head of the SP.
Ziobro has been highly critical of the draft on several occasions, stating that the Ministry of Justice and the SP will not accept it in the form submitted by PiS. If PiS fails to reach an agreement with the SP on this, a majority may not be needed to pass the bill.
gah/PAP
Source: wPolityce