The government wants to ensure that the body responsible for nominating judges is independent of politicians.
The government wants to ensure that the body responsible for nominating judges is independent of politicians.
The plans will help ensure “stability and legal security for citizens”, says the justice ministry.
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The decision is likely to be ignored by the government, which does not recognise the Constitutional Tribunal’s legitimacy.
The 2,500 judges would be divided into three categories – green, yellow and red – on the basis of how they were appointed.
Jakub Jaraczewski
The situation may take years to resolve.
Krzysztof Mularczyk
Compromise, rather than confrontation, is the only route to a long-lasting solution.
The government that succeeded PiS has pointed to various Polish and European court rulings finding that such judges hold their positions illegitimately.
“This is an unprecedented attack on judicial independence,” says an opposition MP.
The National Council of the Judiciary (KRS) was at the heart of the rule-of-law crisis that emerged under PiS’s eight-year rule.
Some of the changes, such as taking away the right of citizens to nominate candidates, have been heavily criticised.
The same chamber is due to rule on 11 January on the validity of the October parliamentary elections.
Many “old” judges – appointed under the previous system – do not recognise the legitimacy of “new” judges appointed after the judicial reforms.
It is the first time in history that Poland has refused to comply with such measures, notes the European Court of Human Rights.
“Only the name” of the National Council of the Judiciary remains the same as before.