President Andrzej Duda vetoed the National Council of the Judiciary reform bill on February 19, citing constitutional concerns.
KRS Bill Passed by Parliament
The KRS bill was passed by the Sejm on January 23. 232 MPs voted for it, while 183 were against. 12 parliamentarians abstained. It was then sent to the Senate, which did not introduce any amendments.
On Thursday, February 19, President Andrzej Duda vetoed the bill. “The bill is obviously inconsistent with the Constitution,” he explained.
Bill Would Have Changed Judge Selection Process
The bill would have changed the rules for selecting judges to the National Council of the Judiciary to prevent politicization. If passed, 15 members of the KRS would have been chosen by judges in direct and secret elections, not by the Sejm.
Polish and European courts have previously expressed doubts about the current functioning of the KRS, stating that the current selection method doesn’t ensure sufficient independence of the judiciary from legislative and executive powers.
Potential Impact on Polish Judiciary
The bill would have required candidates for the KRS to have at least 10 years of judicial experience, including at least five years in their current court. This provision could have eliminated some “neo-judges” appointed after 2018 from running for positions.
Justice Minister Waldemar Żurek explained that the bill would have helped streamline the system and address prolonged court proceedings, overturned verdicts by “neo-judges” in multiple murder cases, and questioned divorce rulings.
“Mr. President, please think. A thousand unfilled positions. How many human cases have not been resolved?” Żurek stated, claiming that the current Neo-KRS has sent 145 judges into retirement for political reasons, who could have worked if they had been allowed to serve their full terms.