Polish Sejm to adopt resolution declaring current KRS unconstitutional amid judicial reforms.
Resolution Content
The draft resolution, authored by coalition representatives elected on October 15th, states the current KRS is not independent from other powers because “elected judges on the council do not represent the judicial community or all court types, as required by the constitution.”
Authors emphasize the new KRS must include judges from the Supreme Court, ordinary, administrative, and military courts, selected by the judicial community to ensure representativeness across all levels. This composition aims to rebuild public trust in the justice system.
The document declares a commitment to further actions to align KRS legislation with the constitution. MPs pledge to consider the judicial community’s input when appointing the new KRS members.
Background Context
Polish Radio reports the resolution will be considered during the Sejm’s session beginning this Wednesday. The document references a December 20, 2023 Sejm resolution that determined the KRS appointed between 2018-2022 was not independent and acted against the constitution and EU law.
Political Developments
Last week, President Karol Nawrocki vetoed government-proposed KRS amendments. The bill would have required 15 judge-members to be elected directly and secretly by all Polish judges via the State Electoral Commission (PKW), with candidates needing 10 years of judicial service and 5 years in their court.
Chief of Presidential Staff Zbigniew Bogucki called the bill “highly unconstitutional,” noting objections from the Supreme Court, KRS, PKW, and the Supreme Administrative Court during legislative review.
Regardless, the process for nominating KRS judge-members began February 11th. The ruling coalition states these members will be chosen by the judicial community, with Sejm approval under current law, meaning politicians will not decide but only accept the judges’ selection.