The belief that a cross-party agreement can emerge on the draft amendment to Poland’s Supreme Court law, including among the ruling coalition and opposition alike, was voiced on Friday by the deputy head of the Ministry of Internal Affairs and Administration, Paweł Szefernaker.
Asked on Polish Radio Koszalin about Friday’s talks between Prime Minister Mateusz Morawiecki and Justice Minister Zbigniew Ziobro regarding the draft amendments, Szefernaker stressed the importance of moving forward with a plan that would unlock funds from the European Union and support Poland’s development. He noted that investments in today’s needs were crucial for the country, its growth, and the livelihoods of its citizens.
He emphasized that such progress would require access to EU funds, including those tied to the National Reconstruction Plan, and he expressed optimism that a parliamentary majority would eventually back the bill.
Explaining a possible parliamentary majority
Głowernaker highlighted his long experience collaborating with local government officials from different political backgrounds in the Western Pomeranian region, arguing that his willingness to compromise reflected a broader willingness within the political landscape to find workable solutions. He asserted that a cross-party consensus, extending across the ruling coalition and the opposition, could be effective in aligning judicial reforms with EU expectations and enabling funds to flow to Poland.
Asked whether it was possible that votes in favor could come not only from Solidarna Polska deputies but also from some opposition lawmakers, he remained confident that the majority in parliament would be capable of passing the bill. He argued that the necessary support should unite several parties beyond traditional divisions and serve as a catalyst for long-term action, especially in a time of regional crisis when decisive moves are required beyond partisan divides.
The deputy head of the ministry also underscored the need for measures that would act as a long-term driving force for reform and development. He suggested that the crisis context, with hostilities ongoing nearby, made it essential to act above factional politics.
Draft amendment to Supreme Court law
On December 13, the ruling party submitted to the Sejm a draft amendment to the Supreme Court law. The authors described the proposal as a milestone intended to pave the way for the European Commission to release funds under the KPO program. The framework was the product of negotiations led by EU Minister Szymon Szynkowski, known as Sęk, in Brussels.
Two days later, President Andrzej Duda stated that he had not participated in the drafting process and had not been consulted. He called for calm and constructive parliamentary work while insisting that any changes should not undermine the constitutional order or allow legal acts that compromise judicial appointments.
The Sejm had planned to consider the bill before Christmas, but the agenda was revised. Preparations and consultations for two legislative teams, one presidential and one government, were announced as part of the process.
The draft proposes changes in the handling of disciplinary and immunity cases for judges, which would be decided by the Supreme Administrative Court rather than the Chamber of Professional Responsibility of the Supreme Court. It also extends the scope of the so-called independence and impartiality test for judges, allowing the court itself to initiate examinations ex officio as well as upon a party’s request. The evaluation process would begin from the premise that a judge is appointed in accordance with the law, reflecting a broader approach to safeguarding judicial integrity.
Opposition and Solidarna Polska positions
Opposition clubs signaled readiness to engage with the project, and reports indicate an intention to propose amendments. Possible changes under consideration include transferring certain disciplinary cases to the Supreme Court’s criminal chamber, restoring the former National Judicial Council selection procedures, and rolling back the December 2019 amendments to the law governing the organization and operation of courts and the Supreme Court. Those amendments previously introduced disciplinary liability for judges for conduct that could impair judicial functioning or compromise attempts to assess judicial appointments, as well as public actions inconsistent with judicial independence.
Recently, Zbigniew Ziobro indicated that Solidarna Polska expects a meeting with the prime minister to chart a way forward amid the evolving political landscape. Earlier, he stated that the Ministry of Justice and Solidarna Polska would not accept the draft in its current PiS form, arguing that several provisions were constitutionally questionable and could threaten Poland’s sovereignty.
The discussion continues as parties weigh paths to resolve the political impasse while ensuring that any reform respects constitutional safeguards and supports Poland’s broader strategic interests in the EU context.