UN judicial expert calls Polish judiciary overhaul 'political'

The UN independent expert on the independence of judges and lawyers, Diego García-Sayán criticized Poland for its judiciary reforms, calling them “political.” “These new laws are part of a larger plan aimed at placing the judiciary under the political control of the ruling party,” García-Sayán said in a statement. He said that, while the system needs reforming, “What is happening in Poland today, however, is a vicious attempt to place the whole judicial system under the control of the executive and legislative branches.” García-Sayán is a special rapporteur mandated by the UN Human Rights Council to investigate the independence of judges and lawyers. The new bills, signed earlier this month by President Andrzej Duda give 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 lowers the retirement age for the Supreme Court’s judges to 65 from 70, effectively forcing the immediate removal of 40 percent of the currently appointed judges. The Supreme Court confirms election results and is the court of the last appeal in Poland. It also introduces the possibility to make a complaint regarding any court’s decision from the past 20 years.