The Sejm Judiciary Commission has urged the reinstatement of the clause on the test of impartiality and independence for judges with respect to already final judgments within the draft amendments to the Supreme Court law. At the same time, it decided to remove the preamble from the proposal.
MP Ast stated that the plan is to return the presidential project to its original format.
-Work on the Supreme Court Act amendments continues. Ast explained that the aim is to restore the judge impartiality test and to delete the preamble. The parliamentary chamber is expected to express its view on this.
The Commission has endorsed 16 of the 53 amendments
During a meeting lasting over an hour on Wednesday evening, the committee recommended advancing 16 of the 53 amendments tabled at the second reading of the draft changes to the Supreme Court provisions.
Positive feedback was given to 15 amendments proposed by the ruling party and one from Solidarna Polska. Several opposition proposals, most remaining Solidarna Polska amendments, and one from the ruling camp received negative judgments. Some amendments from Solidarna Polska were withdrawn.
The presidential plan centers on dissolving the Supreme Court Disciplinary Chamber. Judges currently serving there would be offered the choice to transfer to another chamber or retire. A new Chamber of Professional Responsibility would be established within the Supreme Court. Among the entire Supreme Court roster, excluding the presidents of the chambers, 33 judges would be randomly selected, with the president responsible for designating 11 judges to form the Professional Indemnity Chamber for a five year term.
The proposed provision for assessing a judge’s impartiality and independence would enable any citizen to petition for an exam of a case to determine whether independence and impartiality were observed. A party or litigant could request such an assessment of the judge’s independence and impartiality.
Last week, the parliamentary committee on justice recommended this project while adopting amendments, including one from Solidarna Polska. Under these provisions, one article that would allow a test of judges’ impartiality and independence in relation to judgments already rendered was removed from the draft. After Solidarna Polska’s amendment, a preamble was again added to the design.
Presidential Draft in the Second Reading
On Wednesday, during the second reading, PiS tabled amendments that essentially return the draft to its earlier form. As described, it could be stated within six months after the act’s entry into force that a final judgment was issued in violation of the independence and impartiality standard. Such applications would be heard by five-judge panels from the relevant courts.
Regarding the judge’s impartiality and independence test, this revision would reduce the maximum compensation payable to the defendant in final judgments, from PLN 20,000 to 10,000 zloty, where applicable.
The reintroduction of the previously deleted provision governing the procedure for such verification of already rendered judgments sparked the most extensive discussion at Wednesday’s committee session.
The Ministry’s stance was largely negative, citing the difficulty of forecasting its impact on case outcomes. Yet there is recognition that the chairman is deeply committed to this solution as a key element of the project. In light of ongoing circumstances, including the security situation near Poland, a smooth transition to the use of EU funds is viewed as essential.
– remarked Deputy Justice Minister Sebastian Kaleta.
He also noted that if new categories of cases arise, there must be new tasks to address them.
These risks stemming from a potential rise in litigation would be mitigated by the government through an increase in resources, including for administrative functions.
Kaleta announced. The representatives of the National Council for the Judiciary opposed the reintroduction of this provision.
They argued that it would not serve citizens well. They urged not to adopt the change.
– stated the president of the National Court Register.
The adoption of such a change could even paralyze the judiciary. There are fears that parties will exploit provisions to their advantage, regardless of personal impact. A collapse of some processes was even anticipated by several observers.
– commented a judge from the National Court Register.
I would like to make a brief note for the record that while there is a personal opinion, it does not align with this particular point.
– said another MP from Solidarna Polska.
Vote on adopting regulations in the current Sejm session
In the end, in legally binding decisions, 16 committee members voted in favor of restoring the articles on the test, while 13 voted against and two abstained.
The amendment to delete the preamble received a positive vote as well, with 26 in favor and four against.
The committee’s work and its handling of the project were acknowledged by the committee’s chair’s representative at the close of the meeting.
The Sejm is expected to vote on the adoption of these provisions relating to the Supreme Court during the current session of the chamber.
– a parliamentary update of the proceedings.