The draft amendments to Poland’s Supreme Court law cannot be supported in this form, stated on Wednesday Michał Woś, Deputy Minister of Justice and Vice President of Solidarna Polska.
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During an interview with Telewizja Republika on Wednesday, Woś addressed the split within the United Right over the proposed Supreme Court law amendments. Proponents argue the changes are a crucial step toward concluding negotiations with the European Union, the Commission, and the disbursement of KPO funds.
The deputy head of the Justice Department emphasized that the unity of the United Right remains a valuable asset.
In politics, emotions often flow in response to substantive disagreements, he noted.
We are in the same political formation, yet we form different groups because sensitivities and assessments vary, sometimes on fundamental matters, Woś added.
He argued that the written laws imposed on the Polish parliament by foreign countries carry dangerous mechanisms and read the law himself, seeking expert opinions. No expert who examined the law concluded that it merely opens a door to chaos in some courts. Instead, they warned it could lead to widespread anarchy if everyone starts questioning each other.
According to the State Secretary, a large portion of the project transfers disciplinary cases from the Supreme Court to the High Administrative Court and questions the status of a judge.
How can such a law, effectively made up of two main parts, be improved? If one part is sacrificed, the measure would effectively be scrapped, he argued.
Guided by constitutional well-being and sovereignty, and by the principle of equal treatment of EU member states, the claim is that Ursula von der Leyen should not dictate Poland’s laws. In line with these principles, support for the bill in its current form was rejected by Solidarna Polska.
Woś also stated that no funds from the KPO would be forthcoming under these conditions, noting that meeting one set of demands will likely lead to further requirements.
A challenge for Poland
The discussion extends to KPO and a broader challenge for Poland involving Structural Funds and Cohesion Funds. Due to earlier decisions, a conditionality mechanism has been put in place, and its application remains pending, Woś observed.
Last week, PiS MPs submitted to the Sejm a draft amendment to the Supreme Court law, described by its authors as a key milestone in the KPO matter. The draft would have the Supreme Administrative Court decide disciplinary and immunity cases from judges, rather than the Chamber of Professional Responsibility of the Supreme Court. It would also broaden the test for judicial independence and impartiality, allowing actions not only by litigants but also ex officio by the court. The bill contemplates additional testing of judges at the point of appointment under the law. While the Sejm initially planned to consider the bill before Christmas, it was removed from the chamber’s agenda. Negotiations and work on two legislative tracks, presidential and government, were announced.
On Thursday, President Andrzej Duda stated that he had not participated in preparing the draft amendment and had not been consulted. He urged calm and constructive parliamentary work on the bill and warned that he would not back solutions that undermine the constitutional system or permit any legal act that compromises judicial appointments or allows undue verification of them.
[citation: wPolityce]