The disputed chamber is responsible, among other things, for validating election results.
The disputed chamber is responsible, among other things, for validating election results.
The ruling has been welcomed as “extremely important” by Poland’s justice minister.
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Poland’s constitution stipulates that judges “shall not perform public activities incompatible with the principles of independence”.
Many “old” judges – appointed under the previous system – do not recognise the legitimacy of “new” judges appointed after the judicial reforms.
President Andrzej Duda can sign the bill into law, veto it, or send it to the constitutional court for assessment.
“The courts have determined that a woman’s sexual freedom is more important than the life of the abuser who attacked her,” said her lawyer.
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”.