Cogito Ergo Non Serviam

President of Poland Vetoes Judicial Changes

Poland's President Andrzej Duda has just vetoed two laws that would have altered the country's judicial system, reducing the independence of the judiciary. He is allowing a third law of less significance enter into force. Analysts say that the street protests over the last day or two and public pressure made the difference, especially the statements from a communist-era dissident Zofia Romaszewska. She didn't want to go back to the days when the general prosecutor could do virtually anything. For now, she gets her way.

The three laws in question have been the focus of a great deal of debate in Poland and among some of Poland's European partners. According to the BBC, "The first reform requires all Supreme Court judges to step down and gives the justice minister the power to decide who should stay on." This gives the government the power to pack the Supreme Court, effectively neutralizing the court's ability to over-rule the government. The cabinet isn't about to appoint its political opponents.

The Beeb also says, "The second gives politicians control over who sits on the National Judiciary Council which nominates Supreme Court judges." So, it wasn't enough to pack the court now. The government wanted to ensure that its political appointees would be able to pack future courts as well.

The one law that is going through is less contentious. Again, the BBC says, "The third gives the justice minister the right to select and dismiss judges in lower courts." This is still too much power in the hands of the Justice Minister (who is also Attorney General), but since it affects only the lower courts, the damage is not as severe. Currently the President of Poland makes these appointments on a motion from the National Judiciary Council.

The current ruling party, ironically named Law and Justice, says it wants these reforms to speed up the judicial system of the country. Opponents say that the government just wants to bring the judges under the authority of the politicians. Law and Justice does have a nasty authoritarian streak in its outlook, and the effect of the laws would be to diminish judicial independence.

Law and Justice holds a simple majority in the Sejm, meaning that getting the 3/5 majority to override the veto is tricky. Kukiz '15 is a smaller party somewhat sympathetic to what Law and Justice is after, but whether the votes are there is uncertain.

A more likely result is the redrafting of the vetoed bills to meet the concerns of the president and the protesters. Such a move would reassure Poland's European partners. They have threatened to invoke Article 7 sanctions against Poland if the laws take effect as written. "Each individual law, if adopted, would seriously erode the independence of the Polish judiciary," said Frans Timmermans, first vice president of the European Commission. "Collectively, they would abolish any remaining judicial independence and put the judiciary under full political control of the government."

The European Council President is Donald Tusk who was once the Polish Prime Minister from the opposition Civic Platform party,. He warned President Duda of "dangerous consequences" if the laws went through, and he requested a meeting -- which hasn't happened. Mr. Tusk stated, "Bringing the courts under the control of the governing party in the manner proposed by the Law and Justice party ... will ruin the already tarnished public opinion about Polish democracy."

No one likes legal systems that grind out justice at a snail's pace, but the solution is not to politicize the courts. The solution is to streamline the legal procedures in place that protect the rights of the parties in a court case. More courts might be a solution. Fewer laws might help. Arbitration and mediation have their place. Abandoning judicial independence won't work. While the courts may move faster, justice wouldn't necessarily be a result.

© Copyright 2017 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.



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