President Andrzej Duda has referred two laws concerning Poland’s Constitutional Tribunal (TK) to the Constitutional Court for preventive review, according to a Monday statement by the Presidential Office. These laws, aimed at reforming the Tribunal, include a new TK law and an implementation bill. Together, they form a comprehensive reform package introduced in March by Justice Minister Adam Bodnar and coalition politicians.
Key Changes in Judge Selection Process
The new TK law proposes significant changes to how judges are chosen. Judges will now be elected by the Sejm with a 3/5 majority in the presence of at least half of the total number of MPs. Candidates must be aged 40-70 and cannot have held parliamentary or ministerial positions within the past four years.
The implementation law introduces transitional regulations that adjust current laws governing the TK. Notably, it invalidates rulings made by the TK in recent years that included “unauthorized persons.” Amendments passed by the Sejm in September will also allow selected judges to be sworn in before a notary, bypassing the president.