PiS proposes changes to judiciary reform

Ruling Law and Justice (PiS) party announced that it is ready to make amends to its judicial reform in response to the European Commission criticism that they undermine the rule of law. “This is a step in the direction to ease the concerns presented by the European Commission. We hope that these steps will be positively received,” PiS MP Marek Ast. The proposed amends include equalizing the compulsory retirement age of female and male judges at 65 years, from the previous limit set at 60 years for female judges and 65 for male judges. Court officials will be allowed to serve longer than the compulsory age if the president agrees. Under the current law, it is justice minister competence to make such decision. The other amend would also order justice minister to first to seek the opinion of judges before deciding whether to dismiss a court president. Currently, he doesn’t need to seek anyone’s opinion, he doesn’t even need to provide a reason for dismissal. It remains to be seen if such concessions will be enough to satisfy Brussels demands, although are seen as the step in a right direction. “It looks like things are moving. There’s a chance of a compromise,” one EU official said on condition of anonymity. Polish side doesn’t exclude other concessions. “We are open to a dialogue with the European Commission. Surprises are possible,” Ast said. Back in December last year, in an unprecedented move the European Commission asked other EU member states to declare that Poland’s judiciary overhaul constitutes “a clear risk of a serious breach of EU values.” If the states agree, although it’s an unlikely scenario, Warsaw’s voting rights would be suspended. The judiciary overhaul gives the parliament right to appoint 15 out of 25 members of the National Council of the Judiciary (KRS), which nominates judges, and the Supreme Court, which among other things, rules on the validity of elections. It also introduces the possibility to make a complaint regarding any court’s decision from the past 20 years.