Poland Moves Ahead With Codification Reforms Amid Constitutional Court Debates

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Prime Minister Donald Tusk reiterated that the government has moved forward with several important regulatory drafts without protracted debate, underscoring that these measures are essential for Poland’s system and its international standing. He noted that the question of a broader Constitutional Court reform might wait until the presidential elections, allowing momentum on current judiciary codification to proceed first.

The Council of Ministers approved draft regulations concerning four codification bodies: the Codification Commission of the Judiciary and the Public Prosecution Service, the Codification Commission of Criminal Law, the Codification Commission of Civil Law, and the Codification Commission of Family Law.

These regulations are designed to establish four codification committees tasked with revising the Criminal Code, the Civil Code, and the Family Code, as well as updating the rules governing the judicial and prosecutorial systems.

According to the Ministry of Justice, the Codification Commission of the Judiciary and the Public Prosecution Service will prepare proposed legal provisions relating to the judiciary and the public prosecutor’s office. It will assist the Minister of Justice in the legislative process for the projects under development.

The Commission will comprise a Chairman, a Vice-Chairman, between eight and fourteen other members, and a Secretary.

The Commission will include representatives from academic circles as well as individuals with strong practical knowledge of law, the legal system, and the prosecution service.

  • emphasized in the project.

“I have already said this to the president.”

In remarks following a government meeting, Prime Minister Tusk indicated that some proposals to reform the Constitutional Court would, in his view, face an explicit veto from President Andrzej Duda. He suggested that if such a veto occurs, the government would again pursue changes to the Constitutional Court after the next presidential elections.

Earlier that week, Justice Minister Adam Bodnar and members of the ruling coalition presented the guiding principles of draft laws aimed at reforming the Constitutional Court.

The Prime Minister acknowledged that some of these projects might be blocked by the President, but he stressed that he had conveyed to the President his belief that the opportunity exists to repair the damage he and the ruling party had initially caused.

At the press conference, he stated that if a veto were issued, the government would strive to amend the Constitutional Court through parliamentary channels after a new president takes office.

He added that continued efforts would occur even if initial attempts were blocked, emphasizing the intention to press ahead once the presidential transition had taken place.

The Prime Minister concluded that the government would do all it can to reinforce the image of Poland as a law-abiding state, even while acknowledging that not all legal or constitutional changes are immediately feasible. The effort to advance reform would persist.

The following drafts were introduced on Monday: Resolutions of the Sejm of the Republic of Poland; a Law on the Constitutional Court drafted by non-governmental organizations, and the legal provisions implementing this law along with proposed amendments to the Constitution. The Sejm was set to consider the draft resolution on Wednesday, while the Senate Legislative Committee was slated to begin work on the constitutional amendment proposals later in the week.

Some observers have asked about the implications of the phrase “we will do anything” and what it might entail for the balance of power, oversight, and the governance of public institutions. The discussions have raised questions about procedures, transparency, and the role of the judiciary within the state framework. Proponents argue that decisive action could align Poland’s institutions with democratic norms, while critics warn of potential overreach or inconsistency with constitutional safeguards. These debates reflect broader tensions over reform, accountability, and the checks and balances that shape the country’s governance.

In summary, the government signaled its intent to proceed with codification reforms and to pursue constitutional considerations through legislative channels, while leaving open the possibility of revisiting some measures after the presidential transition. The dialogue continues as lawmakers, officials, and civil society organizations engage in shaping Poland’s legal framework for the years ahead. [citation: wPolityce]

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