The Polish Parliament has decided in a rush, a reorganization of the courts. The Opposition believes that the Reform an attack on the judicial system and fears the end of judicial independence.
To vote on your Central legislation, Poland’s right-wing populist government party law and justice (PiS) has selected have always been little attention to off-peak times. Thus, the independence of the constitutional court was limited after the takeover of power by the year 2015/16. Now, the government has chosen the summer holidays, the Polish judiciary to impose further restrictions. After weeks of delays, which were interpreted by optimists as a turn-in to the EU, it brought the ruling party, the PiS, and now the judicial reform is surprising on Wednesday to the Parliament.
The Sejm of the Grand chamber, ranged from a few hours to decide on the PiS leader Jaroslaw Kaczynski, and the young justice Minister Zbigniew Ziobro desired subjugation of the courts, the government, without restrictions. In a rush, the template came in the night to Friday in the second chamber of the Parliament, the Senate. There, too, Kaczynski’s PiS has the absolute majority.
Nightly Protests
However, the Protest against the Reform is formed. Two dozen citizen activists of the two groups, the “Committee for the defence of democracy” (KOR) and “citizens of the Republic of Poland” have gained in the night, access to the Senate building. Although some of them were invited by the few remaining senators of the liberal civic platform (PO), they were forced to immediately forcibly out of the building. On Friday morning, police moved forces additional metal grid around the Parliament building. In General, it is expected that the Senate Kaczynski’s law beckons desires.
Jaroslaw Kaczynski can be satisfied
The two templates have, according to the Opposition, after the constitutional court now also the rest of the judiciary to the will of the PiS. The government denies this and justified the templates, with to long out the adverse effect of lagged reforms to facilitate the citizens ‘ access to justice.
Only government-friendly rulings?
The first amendment is to make the previously powerful national Council of justice (KRS) under the control of the Parliament. In the future, the members of which are to be determined half by the Sejm and one-half by the Sejm for the delegates to judges. Since the PiS has the absolute majority in both chambers of Parliament, feared the Opposition of a return to a not independent Judiciary before the turn.
The second amendment allows the Minister of justice, the judges, the College of self-directed certain court to determine the President himself – and also at any time sell. The previous court presidents lose, therefore, their Post, as soon as the law enters into force. The controversial justice Minister, Ziobro may occupy, therefore, several Thousands of court Chairpersons with their own followers.
Justice Minister Ziobro can now appoint the judges themselves
Legal experts fear that this new could fully ensure the Ministry of powers for the judiciary to ensure that judges will be cases in the future, politically acceptable judgments. Independent and uncomfortable a judge could be hindered by the new court presidents in concern to your leadership function, and related opportunities for advancement, or even in retirement.
Attack on the Supreme court
A third, still pending legislative amendment to the PiS prior to, is linked with the Supreme court. Its Chairman, Malgorzata Gersdorf, the Opposition, as the last great hurdle on the way of complete subjugation of the judiciary under the will of the party in government. Under the pretext of a necessary reorganization of the Supreme courts, the need of new departments, is terminated, the term of office of its management in the amendment of the law as well as those of all the judges of the Institution, unless they are confirmed after the entry into force of the act from the Minister of justice. In addition, the Ministry of justice will receive, in the future, the right to determine all of the high judge on your own. Gersdorf had always emphasized the independence of the Supreme court to defend. “I don’t expect to be able to my term of office, regular finish,” said Poland’s Top judge, however, on Thursday evening.
A few protesters in front of the Polish Parliament, the Sejm
The background of the three amendments to the law, the government, the Conviction of the authoritarian occurring PiS-founder Kaczynski, a trained lawyer, is that the Polish Judicial system is full is still of cliques of the former Communist rule at the top. In fact, the judges are one of the few system professional carrying groups, which were checked after 1989, never entirely on your past. Although the lustration law of 1997 also includes the judge, however, need to escape this self-judicial immunity, which have done the least. Thus, the cleaning of the dishes after 1989, a fiction.
A compliant President
Several judicial scandals, as well as the usually very slow wheels of justice have the confidence of poles in the judges over the years to undermine. A populist broadside of the government-friendly media, in which the judge, as a caste of Untouchables to be represented. The liberal Opposition is in brackets in this reading only one of your allies, the Communists, the levers also 28 years after the reunification, still in the corridors of Power.
The violent action Ziobros and Kaczynski’s just before the summer recess of Parliament has shocked even die-hard PiS-trailer apparently. The rights publicist Rafal Ziemkiewicz asked on Friday via Twitter, President Andrzej Duda (PiS) to be a Veto, and both chambers of Parliament to force in order to post-processing. Duda, however, has so far signed nearly every one of Kaczynski desired act and, thus, in force.