Poland’s family judges association urges universal participation in upcoming judiciary council elections to ensure constitutional legitimacy.
President Vetoes KRS Amendment
The Family Judges Association (SSR) adopted its position after President Karol Nawrocki vetoed the amendment to the Act on the National Council of the Judiciary. The board reminded that the current term of the KRS expires in May.
On Thursday, the President announced his veto of the amendment prepared by the Ministry of Justice and announced his own bill, aimed at “effectively countering illegal attempts to challenge judicial nominations granted at the request of the KRS due to a judicial practice inconsistent with constitutional provisions.” The bill includes criminal provisions providing for penalties of up to 10 years in prison.
Constitutional Concerns
According to the board, in this situation, “the question arises as to how to elect the judicial part of the KRS in such a way that it is finally an organ compliant with the Constitution and to prevent the questioning of the legality of judicial appointments, and thus stop the process of destruction of the judiciary that has been ongoing for over eight years.”
Call for Mass Participation
The association supports the election of KRS members according to the current law, but with the widest possible participation of all judges in Poland. It appeals for universal participation in elections organized in courts by representatives of the judicial community.
“High turnout is a clear and unambiguous signal to the legislative authorities,” wrote the family judges in their statement. “The selection of candidates with strong support from the community gives the Sejm a clear indication of who should be appointed to the KRS within existing procedures to maintain compliance with constitutional values and avoid arbitrary decisions.”
European Standards
According to the judges, “a bottom-up, mass participation of judges in elections” is currently the only possible step towards implementing European standards for appointing judges in Poland – ensuring independence and free from political pressure.
“As family judges, we make responsible decisions on citizens’ cases on a daily basis. With the same responsibility, we must do everything to ensure that the legality of the constitutional body of the judiciary can no longer be questioned,” believes the SSR board.
“Inaction will only perpetuate the current, destructive state. Therefore, we encourage voting at judges’ assemblies, which will be convened by the presidents of the courts. Universal turnout is the most effective way to elect a representation that the community will have full confidence in,” the board emphasized.
Vetoed Amendment Details
The government amendment vetoed by the President provided for the election of 15 judges – members of the KRS by all judges in Poland in direct and secret elections organized by the National Electoral Commission, not as currently by the Sejm. To the new KRS, judges with at least 10 years of judicial experience and 5 years in a given court could run, which opened the way to it for judges promoted after 2017. PiS criticized the change in regulations, and the government argued that the amendment would make the KRS compliant with the Constitution.