Subcommittee advances on the plan to establish Justices of the Peace in Poland
Draft discussions aimed at creating a formal Institute of Justices of the Peace and corresponding courts in the Polish legal system remain intricate, as the proposal touches dozens of laws. The head of the parliamentary subcommittee, Kazimierz Smoliński, emphasized the breadth of the changes and noted that the subcommittee could wrap up its work on Monday.
Subcommittee discussions
On Tuesday, the subcommittee dedicated to establishing the Institute of Justices of the Peace picked up where it left off on Monday, continuing work on a project designed to integrate a new Court system and Justices of the Peace into Poland’s legal order.
Smoliński, speaking to PAP, described the bill as highly challenging precisely because it modifies many laws. He also announced that the subcommittee would hold additional meetings on Friday and again on Monday.
There is a possibility that the subcommittee will complete its tasks on Monday,
the PiS MP reviewed.
Admittance within the current term
When asked whether changes could be processed within the current Sejm term, Smoliński replied affirmatively. He explained that after subcommittee work concludes, the draft will move to the Justice and Human Rights Committee.
He added that he is confident the Commission will soon present the draft to the Sejm for approval.
– he stated.
Election timing for judges and European Parliament nexus
The next elections for Justices of the Peace may not occur until next year, potentially aligned with the European Parliament elections. The National Electoral Commission also believed that combining justices of the peace elections with parliamentary or local government elections would be impractical. With May 2024 looming, the expectation is that these judges will begin their duties in 2025.
Smoliński remarked.
Pilot program and its postponement
The deputy was also asked about the subcommittee’s decision to withdraw the amendment introducing a pilot program for the Institute of Justices of the Peace, initially planned to start on July 1, 2024 in Opole, one of the country’s smaller judicial districts.
He noted that the pilot has been paused. In exchange, the subcommittee intends to extend the law’s vacatio legis to allow judges to begin work in 2025.
The pilot presented a challenge: it would be difficult to maintain a joint term of office for the judges later on. Had the pilot proceeded, it could have required a five- or six-year term, or a workaround that would trigger a second election. This complexity has led to a different approach.
Smoliński stated.
Initial efforts toward a practical framework for Justices of the Peace were led by Professor Piotr Kruszyński, who began work after discussions between Kukiz’15 leader Paweł Kukiz and President Duda. The first reading of the draft, crafted in the President’s Chancellery, took place in the Sejm in December 2021, after which it moved to the Sejm Committee and Subcommittee. The Institute of Justices of the Peace stands as one of Kukiz’15’s key program proposals.
The Courts and Justices of the Peace initiative envisions creating a distinct category within the ordinary judiciary. These courts would handle the simplest cases and would be presided over by judges elected to six-year terms by universal suffrage.
PAP’s full interview with Kazimierz Smoliński is part of the background coverage.
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rm/PAP
Source: wPolityce