Tusk Government Moves to Reform Judicial System Amid Controversy
The Polish government led by Prime Minister Donald Tusk has taken significant steps towards restructuring the judiciary, seeking to dismantle parts of the system installed by the previous Law and Justice party (PiS). This initiative comes after Tusk’s administration managed to limit new nominations by the National Judicial Council (KRS), reports 24brussels.
Under the newly proposed plan by Justice Minister Waldemar Żurek, judges initially appointed by the KRS would retain their positions. However, judges promoted by the KRS would have to revert to their prior roles and compete in recruitment contests to regain higher ranks within the judicial hierarchy. This reform intends to exclude KRS-appointed judges from the Supreme Court, where they currently represent approximately 60 percent of the justices. Additionally, the court’s current chief justice, Małgorzata Manowska, would be removed from her post.
The KRS will also see a significant overhaul when the terms of its members conclude in April. Żurek plans to utilize legislation enacted during the PiS era, intending for the Tusk-led parliamentary majority to select replacements. Unlike the previous administration, the new nominee list will be curated by fellow judges and presented to parliament to mitigate the politicization of the KRS.
Żurek characterized his reform proposal as an attempt at compromise amidst various opinions on how to address the situation. “There were calls to dismiss them all and make them face disciplinary proceedings. We’re not doing that,” he stated. “There are different categories of these so-called neo-judges. KRS’s involvement in some nominations was very limited.”
The response from PiS has been vehement. PiS leader Jarosław Kaczyński harshly criticized Żurek, asserting, “Waldemar Żurek is a man who should spend many, many years in a state prison — and I believe he will,” in remarks made on Tuesday.
This move towards judicial reform is part of a broader struggle over Poland’s legal system, highlighting deep divisions within the country regarding the independence of its judiciary and the influence of political entities over judicial appointments. As the Tusk government pushes forward, it faces significant opposition from the remnants of the PiS regime, which has staunchly defended the current KRS structure.
