“Ensuring respect for the constitutional order, maintaining a proper balance of powers, safeguarding citizens’ right to a court, and rebuilding public trust in the judiciary” – these are the objectives of the presidential bill on the judiciary. The draft was published this evening on the official website of the Head of State.
President Karol Nawrocki announced the submission of the bill during his Thursday address, in which he informed the public about his veto of the amendment to the Act on the National Council of the Judiciary prepared by the Ministry of Justice. Shortly thereafter, a 26-article draft, along with nearly 40 pages of explanatory memorandum, was published on the President’s website. On Thursday, the bill was formally submitted to the Speaker of the Sejm.
“As a result of the absence of effective normative instruments capable of enforcing compliance with the law and preventing the usurpation of powers under the guise of administering justice, it is necessary to seek appropriate tools and introduce the legal mechanisms contained in this draft. Its purpose is to ensure respect for the constitutional order, restore the proper balance of powers, guarantee citizens’ right to a court, and rebuild public confidence in the judiciary,” the explanatory memorandum states.
According to several provisions of the draft, a judge or judicial assessor “may not question the existence of constitutional state bodies, nor undermine their competencies or legal authority”; “may not challenge the rulings of the Constitutional Tribunal or deny their existence or legal effect”; and “may not assess the effectiveness of resolutions adopted in individual cases by the National Council of the Judiciary.”
Another provision states: “An intentional refusal to administer justice shall be deemed equivalent to resignation from the office of judge.”
The draft further specifies that such an “intentional refusal to administer justice” includes, among other things: “a judge’s refusal to sit on a judicial panel with other judges or judicial assessors on the grounds of determining the non-existence of, or assessing the status of, those persons,” as well as “annulling, declaring non-existent, or disregarding a ruling issued with the participation of a judge (…) on the basis of circumstances established or assessments made regarding their appointment or nomination.”
Another proposed provision stipulates: “A public official who, within the scope of their professional or official duties or powers, persistently questions the constitutional or statutory prerogatives of the President of the Republic of Poland, the Constitutional Tribunal, the National Council of the Judiciary, or the Tribunal of State, or the acts or rulings issued by those bodies, or other constitutional or statutory actions undertaken by them, shall be subject to imprisonment from six months to five years.”