The government seeks to address President Andrzej Duda’s concerns about the proposed amendment to the Supreme Court Act and, where possible, to suggest changes that would not intensify those concerns, according to government spokesman Piotr Müller on Monday.
This week the Sejm is set to debate the draft amendment to the Supreme Court law. The bill’s first reading was scheduled for Wednesday, January 11. Several opinions on the proposal are already available. According to the Sejm Research Bureau, the draft can be viewed as implementing European Union law.
What about the majority?
Müller was asked on Polsat News on Monday how the governing party intends to resolve the majority issue in the Sejm for this project.
To begin with, if there is partial acknowledgment of statements by some opposition MPs who argue that funds from the National Reconstruction Plan are crucial for Poland and should be released promptly, then this project offers a possible solution, he noted.
He added that each deputy in parliament pursues interests that are beneficial for Poland and its citizens. He suggested that some opposition members might support the bill or abstain from voting, though he did not claim it would be universal solidarity.
When asked whether the government would consider amendments proposed by the opposition, Müller replied, We will discuss them.
At the moment, however, there is no firm position because the fundamental issue is that any changes to the proposal could either destabilize the justice system or jeopardize the ability to reach a Brussels compromise, he stated.
He noted that PiS lacks broad backing for the presidential proposal and that there have been discussions with the president about the matter. He added that talks involve ministers from the President’s Chancellery, EU Minister Szymon Szynkowski vel Sęk, and the government’s legal team, aiming to identify solutions. In such sensitive matters, it is prudent to wait for concrete amendments rather than discuss them publicly, as that tends to provoke unnecessary emotions.
Asked how the ruling party plans to persuade President Duda, who has informally signaled a veto, Müller said that the president never stated he would veto the bill. He acknowledged the president’s doubts and stressed that clarifying these doubts is the top priority for the moment.
Even so, he indicated that the goal is to dispel doubts and possibly propose legislative changes that do not create new concerns.
Because the provisions in question raise no immediate doubts, Müller conceded that the president’s concern about potential judicial misuse should be addressed.
According to the authors, the draft amendment submitted by PiS to the Sejm on December 13 last year aims to mark an important milestone needed for the European Commission to release funds from the KPO. The draft’s principles, as reported, were negotiated during negotiations between EU Affairs Minister Szymon Szynkowski vel Sęk in Brussels.
The amendment would transfer disciplinary and immunity decisions for judges to the Supreme Administrative Court rather than to the Supreme Court’s Chamber of Professional Responsibility. It would also broaden the test of a judge’s independence and impartiality to allow initiations not only by parties but also ex officio by the court itself. The project would enhance the method for examining a judge’s impartiality.
The Sejm had planned to consider the draft in mid-December of the previous year but it was removed from the agenda. Consultations and work on two legislative tracks, one presidential and one government, were announced. Prime Minister Mateusz Morawiecki spoke on the project with Solidarna Polska and its leader, Justice Minister Zbigniew Ziobro.
Ziobro has voiced strong criticism of the draft on several occasions, arguing that the Ministry of Justice and Solidarna Polska will not accept the version submitted by PiS. If PiS cannot reach an agreement with Solidarna Polska on this matter, a simple majority may not be enough to pass the bill.