This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2017/dec/08/polish-mps-pass-supreme-court-bill-criticised-as-grave-threat

The article has changed 5 times. There is an RSS feed of changes available.

Version 0 Version 1
Polish MPs pass supreme court bill criticised as 'grave threat' Polish MPs pass supreme court bill criticised as 'grave threat'
(35 minutes later)
Poland’s parliament has passed a bill that will change how the country’s supreme court functions, a step critics see as an erosion of judicial independence under the populist Law and Justice party. Poland’s parliament has passed two bills that give the ruling Law and Justice party effective control of judicial appointments and the supreme court, a step critics see as an erosion of judicial independence under the populists.
MPs voted 239-171, with 24 abstentions, to pass the bill. A vote is due later on Friday on a separate bill that would change how judges are nominated. One bill changes how the supreme court functions, the other gives parliament the responsibility for choosing members of the national judiciary council, which nominates all judges. Both bills still need senate and presidential approval.
The Venice Commission, a body of legal experts with the Council of Europe, has said the changes constitute a “grave threat” to Poland’s judicial system, and opposition MPs have said the moves represent a power grab.The Venice Commission, a body of legal experts with the Council of Europe, has said the changes constitute a “grave threat” to Poland’s judicial system, and opposition MPs have said the moves represent a power grab.
The supreme court’s duties include confirming election results.The supreme court’s duties include confirming election results.
A previous attempt by the government in July to assume control of judicial appointments and to dismiss all 86 supreme court judges was derailed by large-scale street protests and the surprise decision by the Polish president, Andrzej Duda, to veto the proposals after they had been approved by the Polish parliament.
The government describes the plans as a necessary means to speed up the process of issuing judgments and to break what it describes as the grip of a “privileged caste” of lawyers and judges.
The presidential vetoe resulted in months of behind-the-scenes negotiations between former Law and Justice MEP Duda and Jarosław Kaczyński, the leader of Law and Justice who nominated Duda for the presidency, raising hopes of a government climb-down.
However, critics argue that in substantive terms, the new legislation is no different to that which was vetoed in July.
“The reform is exactly as Kaczyński wanted it,” said Marcin Matczak, professor of law at the University of Warsaw. “He and his party will have full control of the national judiciary council, and therefore effectively control the appointment of judges.”
The deliberations between Duda and Kaczyński served to marginalize the country’s liberal opposition and their argument that politicians had no right to negotiate over principles of judicial independence.
“The veto and the discussion helped Duda and Kaczyński to dominate the public sphere in Poland,” said Michał Szułdrzyński, a columnist for Rzeczpospolita, a centre-right broadsheet. “It’s like the competition between Coke and Pepsi – there’s no room for anybody else.”
On Thursday, Law and Justice announced that the finance minister, Mateusz Morawiecki, would replace Beata Szydło as prime minister.On Thursday, Law and Justice announced that the finance minister, Mateusz Morawiecki, would replace Beata Szydło as prime minister.
An English-speaker, Morawiecki was appointed in part because of hopes within Law and Justice that he will prove a more effective communicator on the European stage. The European commission has warned Warsaw that it would trigger the article 7 sanctions procedure if government reforms posed a “systemic threat to the rule of law”.
Small-scale protests have been held across the country in recent weeks, but some protesters worry that the onset of winter and the illusion of compromise after months of internal negotiations will prove the government’s strategy of a months-long pause successful.
“We need more than just lawyers and NGOs to stand up for the principle of judicial independence if we are going to stop this,” said Bohdan Widla, a lawyer who attended protests in Warsaw and Krakow in July. “The anger and enthusiasm of the protests over the summer seem to have dissipated – but I hope I’m wrong.”