Polish President Proposes Controversial Judicial Legislation

Polish President Karol Nawrocki has introduced a draft law that would impose prison sentences of up to ten years for officials who "persistently question" his powers or the legitimacy of judicial appointments made during the previous Law and Justice (PiS) government. This proposal aims to address what Nawrocki describes as the "ongoing disintegration of the justice system" in Poland, which has been a point of contention since PiS's overhaul of the National Council of the Judiciary (KRS) in 2017. The proposed law would also penalize judges who refuse to recognize the status of colleagues appointed under PiS, potentially leading to their removal from the profession.

Brussels SignalNotes from Poland

Under the proposed legislation, officials who question the validity of judicial appointments could face imprisonment ranging from six months to ten years, especially if motivated by personal gain. The law seeks to eliminate the current "dual" legal system in Poland, where the legitimacy of judges and their rulings is disputed. Approximately 60% of current Supreme Court judges were appointed through the KRS after its overhaul, raising questions about their legitimacy.

Notes from Poland

The current government, led by Prime Minister Donald Tusk, has condemned Nawrocki's proposal as "autocratic," warning that it could lead to Poland's exit from the European Union, a scenario referred to as "Polexit." Justice Minister Waldemar Zurek criticized the bill as more punitive than previous measures aimed at controlling dissent among judges, labeling it a "leash for Polish judges." Deputy Justice Minister Dariusz Mazur echoed these sentiments, asserting that the legislation would grant Nawrocki "absolute, autocratic power over the justice system."

Notes from Poland

Nawrocki's proposal comes in the wake of the Tusk government's attempts to reform the KRS and annul judicial appointments made under PiS. The president has vetoed these government measures, arguing they would exacerbate legal chaos. The political landscape indicates that Nawrocki's bill is unlikely to pass in the current parliamentary term, which runs until autumn 2027, due to the government's majority. However, if a right-wing coalition were to regain power, the proposal could resurface.

Brussels Signal

Nawrocki has suggested that if the government continues to reject dialogue on judicial reforms, he may call for a national referendum to let citizens decide on the matter. However, this would require parliamentary approval, which is currently not feasible given the political divide. The ongoing conflict between Nawrocki and the Tusk government highlights the deepening judicial crisis in Poland, with many citizens expressing concern that the situation has worsened since the change in government.

Brussels Signal

• “This is not just a muzzle, it’s a leash for Polish judges,” — Waldemar Zurek, Justice Minister

Notes from Poland

• “This is unprecedented. It would take us back to the legal Middle Ages. If we tried to pass this bill, we’d have to leave the EU.” — Waldemar Zurek, Justice Minister

Notes from Poland

• “ongoing disintegration of the judicial system” — Karol Nawrocki, President of Poland

Brussels Signal

While Nawrocki's administration argues that the proposed law is necessary to restore order within the judiciary, critics assert that it undermines judicial independence and could lead to severe repercussions for Poland's relationship with the EU. The exact implications of the proposed legislation remain uncertain, particularly regarding its potential impact on Poland's legal framework and international standing.

Brussels Signal