The Polish government, under Prime Minister Donald Tusk, has introduced legislation aimed at reforming the process of selecting judges. This move marks the first step in the pro-European administration's efforts to restore the independence of the judiciary in the country.
The proposed changes would reverse a controversial overhaul implemented in 2017 by the previous nationalist government, which transferred the power to select judges from the National Council of the Judiciary to parliament. This decision drew criticism from the European Union and judicial watchdogs, who argued that it undermined the independence of the court system and exposed it to political influence. Tusk's government is determined to undo these changes and bring Poland back to the EU mainstream.
Justice Minister Adam Bodnar, while introducing the draft legislation, emphasized that this project is of fundamental importance. He stated that the aim is to gradually restore the rule of law in the country. However, the legislation needs to be approved by the parliament and signed by President Andrzej Duda, who is an ally of the Law & Justice party in power.
The judicial reforms lie at the core of the ongoing conflict between the European Commission and Poland. The commission has withheld nearly €60 billion ($65.7 billion) in aid, demanding that crucial aspects of the changes be reversed. Tusk, since his pro-EU coalition's election victory on October 15, has made a commitment to undertake this task.
Bodnar highlighted that these new rules are just the initial phase of a complex process involved in restoring the rule of law and depoliticizing the judiciary. Further reforms will be needed to address the system for verifying judges, which include detailed changes that will require negotiation with President Duda, whose signature is required for the legislation to become law.
However, restructuring the court system is expected to pose a challenge for Tusk's government. Since assuming office a month ago, Tusk has faced fierce resistance from the nationalist opposition in his efforts to restructure public media and pass a budget by the end of this month. In fact, thousands of people took part in a rally organized by the opposition on Thursday in Warsaw, demonstrating their opposition to Tusk's reforms.