The parliamentary committee recommended a draft amendment to the Supreme Court regulations. The principles of the presidential entry have been preserved in the design. One of the most important changes is that one of the articles on the verification of judgments already passed has been deleted and a preamble has been added.
Commission for the amendments of PiS and Solidarna Polska
Fifteen deputies voted in favor of the whole draft in the version discussed by the Justice and Human Rights Committee, seven were against and no one abstained.
The committee discussed the proposed amendments to the Supreme Court in five meetings. The latter started on Thursday after 18 and lasted more than five hours – it ended on Thursday before midnight. The committee has adopted a number of amendments proposed by PiS and Solidarna Polska, most of which specify and amend the regulations in detail.
I am very pleased that the committee has adopted the chairman’s report and draft. I hope you can see the final and it will become law soon
– commented MaÅ‚gorzata Paprocka, who represents the president after the end of the meeting.
However, she added that during Thursday’s proceedings, the article “relating to the possibility of a + impartiality and independence test + regarding judges in already completed cases” was removed.
It’s hard to express my joy about this
said Paprocka.
Indeed, the most important of the amendments adopted – tabled by Piotr Sak of Solidarna Polska – deleted an extensive article containing a procedure for the possible verification of judgments already passed. As the provision deleted by the committee states – it can be stated within six months after the date of entry into force of the law that the final judgment has been given in violation of the standard of independence and impartiality. Such applications would be examined by panels made up of five judges from the respective courts.
The idea of ​​the president should be appreciated, but the risk of destabilization exists by verifying the statements that have already been made
– explains MEP Sak and is supported by the majority of the committee.
Paprocka, on the other hand, told reporters that the deleted provision was “a very serious right for citizens.”
I hope that some reflection is possible here during the second reading
– she added.
On the other hand, Deputy Justice Minister Sebastian Kaleta told journalists after the meeting that they had managed to reach an agreement with the President’s Chancellery, and that the provisions in the form adopted by the commission reduce the risks mentioned by Solidarna Polska. .
The opposition is having a difficult night today, because soon the Supreme Court Disciplinary Chamber is not here, money has to flow out of the EU, it will be difficult for them to find their place
– he judged.
At the end of Thursday’s meeting, the delegates also approved another proposal from Solidarity Poland, presented at the committee’s meeting in April and introducing a preamble to the draft.
(…) taking into account the established, unified and indisputable position of the Constitutional Court confirming the supremacy of the norms of the Constitution (…) over those established by international organisations, including EU treaties, which act to protect the democratic rule of law, sovereignty and stability of the Polish system, invalidity of exclusive constitutional powers, organs of public authority and respect for the role of the nation as a result of the provisions of the constitution, we adopt the following law
— says this preamble.
The key assumptions of the presidential proposals — including the so-called judge’s independence test regarding unfinished business — remained in the draft.
The test of impartiality and independence of a judge “is to give every citizen – as directed by the President – the right to have his case examined by an impartial and independent court. A party or a participant in the proceedings could request an investigation to the requirements of independence and impartiality.
Detailed PiS changes were passed on the snippets of the bill referring to the “test”. They changed the deadline for submitting the application from three days to a week and, among other things, they added the need to provide evidence of the facts that are part of the terms of the “test”.
The draft also includes a provision providing – within six months of the amendment’s entry into force – the possibility of resuming cases from judges who have been subject to disciplinary sanctions on charges related to the content of the judgments rendered or from those whose immunity has been cancelled.
First of all, the bill of the president provides for the liquidation of the Disciplinary Chamber of the Supreme Court; judges who rule therein would have the choice of moving to another chamber or retiring. A Chamber of Professional Responsibility would be established in the Supreme Court. Of all the judges of the Supreme Court, with the exception of e.g. the presidents of the chambers of the Supreme Court, 33 people are randomly selected, among whom the president must choose 11 judges for the composition of the Chamber of Professional Indemnity for a term of office of five years .
The need for changes to the Disciplinary Chamber of the Supreme Court is related to the fact that in the summer of 2021 the Court of Justice of the EU obliged Poland to immediately suspend the application of the provisions regarding the Disciplinary Chamber’s powers in cases such as waiver of the immunity of judges. For non-compliance with this decision, the CJEU has fined Poland EUR 1 million per day.
The European Commission has still not approved the National Reconstruction Plan, presented by the Polish government more than a year ago, ie a document describing how the EU Reconstruction Fund’s resources are spent. At the end of October last year, the President of the European Commission, Ursula von der Leyen, made it a condition that the Polish KPO must oblige the government to liquidate the Disciplinary Chamber of the Supreme Court.
On the other hand, the Commission rejected the amendments proposed by MPs from the KO, Lewica, PSL-KP and Poland 2050, including the most far-reaching – to add a separate article referring to the National Council of the Judiciary and introduces the election of judges to the Council in direct judicial elections.
The draft now moves to second reading, which is scheduled for the next Sejm session next week.
of the Criminal Code / PAP
Source: wPolityce
Barbara Dickson is a seasoned writer for “Social Bites”. She keeps readers informed on the latest news and trends, providing in-depth coverage and analysis on a variety of topics.