Solidarna Polska has urged the Prime Minister to meet and guide the country through the new political dynamics triggered by a draft amendment to the Supreme Court law. The party says it is ready to offer all reasonable support, as stated by Zbigniew Ziobro—the head of the Ministry of Justice and leader of Solidarna Polska.
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The draft amendment to the Supreme Court law was submitted to the Sejm by PiS deputies late at night. The authors argue that the proposed provisions aim to meet a critical milestone set by the European Commission related to conditionality instruments. Under the draft, disciplinary and immunity cases of judges would be decided by the Supreme Administrative Court, effectively stripping the Supreme Court’s Chamber of Professional Responsibility of its power in these matters. The initial plan was to hold a first reading on Thursday, but PiS spokesman Rafał Bochenek later announced that the Sejm President, at the request of the head of the PiS club, removed the draft from the current meeting’s agenda. Bochenek emphasized that the topic requires thorough analysis and consultation and should be discussed in more depth.
At a prior press conference at the Ministry of Justice, Ziobro indicated that neither the ministry nor Solidarna Polska would accept the draft in the form submitted by PiS. He argued that the proposed rules violate the constitution in several places and threaten Polish sovereignty.
“Disorganization, anarchism, rebellion…”
Ziobro claimed at the Justice Ministry that the amendment would cause serious disarray and further destabilize the Polish judiciary, describing the ongoing tensions as an ongoing upheaval that has persisted for years and affected court operations.
He argued that Poland faces pressure and coercion and suggested that the draft is not a product of Prime Minister Morawiecki’s spontaneous judicial reform but a response to coercive EU mechanisms.
Ziobro stated that Solidarna Polska cannot and will not accept a draft drafted in coordination with Brussels that seeks to introduce fundamental constitutional changes in the Polish judiciary.
He also noted Solidarna Polska’s willingness to help the Prime Minister navigate out of the current predicament, acknowledging the President’s position makes the situation more challenging.
Even if disagreements remain on fundamental issues related to the EU, Solidarna Polska pledged to offer all lawful support within the framework of the constitution and legal order to help resolve the situation.
Stated the Minister of Justice.
“It’s no surprise that the president…”
The Justice Ministry’s head recalled President Andrzej Duda’s clear refusal to endorse changes that would intrude on constitutional powers and the status of judges he appoints, noting there are about 3,000 such judges.
Ziobro acknowledged the president’s stance, recalling that the Supreme Court law was enacted in 2017 and that any recent amendment was prepared in the President’s Chancellery, not the Justice Department.
The European Commission questions reforms and laws drafted in the President’s Office or in agreements between the President’s Office and the Prime Minister’s Office, Ziobro observed.
The president has underscored that even ECJ rulings rest on the final verdict and the president’s decision to appoint a judge as the guiding authority. The commission’s proposal also challenges established case law and introduces possibilities to challenge judges appointed by the Head of State.
Ziobro added that the Prime Minister accepted responsibility two years ago by opting for EU conditionality mechanisms, a move Solidarna Polska warned about.
“This is an invitation to chaos and anarchy.”
Deputy Justice Minister Sebastian Kaleta, explaining Solidarna Polska’s opposition, argued that the proposed changes carry significant risks for the state’s functioning and, above all, for adherence to the constitution.
A preliminary analysis indicated that several provisions in the draft directly contradict the Constitution and, in some cases, contradict at least 11 Constitutional Court rulings from the past 25 years regarding judges’ status, Kaleta asserted.
He noted that regulating the judiciary is not within EU competences, while the Sejm website labels the draft as EU-related, implying an aim to implement EU law where the Union has no such powers. Kaleta warned that adopting the law could undermine the stability of Poland’s judicial system.
According to him, the proposed framework would allow any judge to challenge another judge, with the new checks on a judge’s independence potentially affecting tens of millions of judgments. He warned against a system that could invite chaos and erode legal certainty in Poland.
Kaleta also asserted that many judges have shown political ambitions, suggesting a risk that legal certainty could deteriorate further in recent years.
On Thursday morning, President Andrzej Duda stated that he did not participate in preparing the draft for the Supreme Court nor was he consulted, calling for peaceful and constructive parliamentary work on the bill while not agreeing to solutions that would undermine the constitutional system.
In addition to transferring disciplinary rules from judges to the Supreme Administrative Court, the draft also introduces changes to how the independence and impartiality of judges are assessed. A new mechanism introduced earlier this summer by a presidential amendment to the Supreme Court law is intended to examine whether a judge meets independence and impartiality standards, taking into account appointment circumstances and conduct after appointment, particularly if these could impact case outcomes.
Currently, a party to a case may request scrutiny of a judge’s impartiality. The draft would allow such examinations to be initiated not only by a litigant but also ex officio by the court itself, and it would broaden the conditions for initiating impartiality reviews, including appointing a judge under the law.
kk/PAP