The decision has been mired in controversy as the government does not recognise the legitimacy of the chamber that issued the ruling.
The decision has been mired in controversy as the government does not recognise the legitimacy of the chamber that issued the ruling.
“Since this chamber is not a court, it cannot perform…activities [relating to] the electoral process,” wrote the 28 judges.
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A number of other legal experts, judicial figures and politicians have argued that the legislation violates the constitution.
In an unusual vote, almost all PiS MPs were in favour but their coalition partner was opposed and most opposition MPs abstained.
Aleks Szczerbiak
The dispute with Brussels offers both dangers and opportunities for the ruling party.
The legislation “fulfils the key milestones indicated by the European Commission” for Poland to unlock its frozen funds, says the government.
The ruling – which is the first of its kind in Poland – is seen as a landmark in a country that is ranked as the EU’s worst for LGBT people.
Małgorzata Gersdorf, who led the Supreme Court from 2014 to 2020, has been a prominent critic of the government’s overhaul of the judiciary.
“Judge Igor Tuleya did not commit any crime” and prosecutors’ complaint against him was “clearly groundless”, found the Supreme Court.
There are “fundamental legal obstacles preventing our participation in cases involving persons appointed…in a defective procedure”.
“I get the impression that this is not about the rule of law,” said Małgorzata Manowska.
The opposition warns that the chamber will simply be replaced by another that serves a similar purpose.
Some experts say that, without the amendments, the law will not fulfil the milestones agreed with the EU.
“Only the name” of the National Council of the Judiciary remains the same as before.