Poland's Senators OK Court Overhaul 07/22 10:39
WARSAW, Poland (AP) -- Poland's Senate approved a contentious law on
Saturday that gives politicians substantial influence over the Supreme Court,
in defiance of European Union criticism.
The bill proposed by the populist ruling party only needs the signature of
President Andrzej Duda to become binding. Duda has so far followed the ruling
The vote was 55-23 with two abstentions.
It was met with boos from protesters gathered in front of the Senate
EU leaders say the bill would kill judicial independence and threaten the
rule of law in the EU's largest member in Central and Eastern Europe. The U.S.
Department of State voiced concern on Friday.
Jaroslaw Kaczynski, head of Poland's ruling Law and Justice party, contends
the judiciary still works along a communist-era model and harbors many judges
from that time. Communist rule ended in 1989. He says the justice system needs
"radical changes" to become efficient and reliable.
Prime Minister Beata Szydlo says the legislation is an internal matter and
the government will not bow to any foreign pressure.
The legislation calls for firing current Supreme Court judges, except those
chosen by the justice minister and approved by the president. It gives the
president the power to issue regulations for the court's work. It also
introduces a disciplinary chamber that, on a motion from the justice minister,
would handle suspected breaches of regulations or ethics.
In anticipation of the vote, crowds gathered Friday night for yet another
protest in front of the Supreme Court building in Warsaw and in some other
cities. About 200 protesters also gathered in front of Duda's vacation home in
Jurata, on the Baltic coast, to demand that he doesn't sign the bill.
The president has 21 days to sign it, and is not expected to do it before
his meeting Monday with the head of the court, Malgorzata Gersdorf.
Two other bills on a key judicial body and on regular courts also await
Duda won election as a Law and Justice member but has left the party in
accord with Poland's tradition of a nonpartisan presidency. He is expected to
sign the legislation.
The U.S. Department of State on Friday urged all sides to "ensure that any
judicial reform does not violate Poland's constitution or international legal
obligations and respects the principles of judicial independence and separation
of powers," and urged dialogue.
Duda has so far not accepted an invitation for talks on the issue from
European Council President Donald Tusk, a former Polish prime minister.
Speaking to Poland's TVN24, Tusk repeated his readiness for talks and said
he was a "little disappointed" there has been no meeting.
"Poland's president should be concerned about a situation that is, let's
say, serious," Tusk said.
Tusk said the steps the Polish government is taking toward the judiciary
would allow it to limit social freedoms if it wants. He said they are in
conflict with the EU's principles and are damaging to Poland's international
But he conceded that, during his seven years as Poland's prime minister, he
did encounter some resistance against judicial reform.
"The price for judicial independence, which is a value, was a lack of
compulsory reform," Tusk said.
European Commission Vice-President Frans Timmermans has warned that Poland
could face a proceeding under Article 7 of the EU treaty, which makes possible
sanctions in case of a "serious and persistent" breach of the EU's basic
values. In theory, Poland could be deprived of its vote in the EU's council of
governments, but such a move would have to be unanimous.
Hungary's Prime Minister Viktor Orban has said his government would never
support sanctions against Poland.