Polish Parliament votes to reform Constitutional Court, whose functioning was criticized by EU

Judged by the EU to be too dependent on political power, the institution was one of the bones of contention between Brussels and the former nationalist government.

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Polish Prime Minister Donald Tusk in front of the Sejm, the lower house of parliament, on December 12, 2024 in Warsaw, Poland. (JAKUB PORZYCKI / NURPHOTO / AFP)

Enough to reassure Europe. The Diet, the lower house of the Polish Parliament, adopted on Friday 13 September two laws reforming the controversial Constitutional Court, still controlled by the former nationalist government. Judged by the European Union (EU) to be too dependent on political power, the Constitutional Court has been one of the bones of contention between Brussels and the former nationalist government, repeatedly highlighting the primacy of Polish legislation over that of the EU.

“Today, the Diet and the Senate have taken a huge step forward” in the restoration of the rule of law in Poland, the speaker of the lower house Szymon Holownia told the press. To enter into force, the law must be signed by President Andrzej Duda, who is close to the nationalists and has not yet spoken on the matter.

The new text provides in particular that the judges of the Constitutional Court are appointed by the deputies by a majority of 3/5, thus taking into account the votes of the opposition, compared to the current absolute majority. Candidates for the post of judge of the Constitutional Court may not have held a seat as a deputy, senator or member of the European Parliament, nor have been a member of the government or a political party during the four years preceding their election.

In March, Polish Justice Minister Adam Bodnar announced a series of measures to “clean up the situation” The Constitutional Court, which continues to oppose various legislative and government initiatives, and the Parliament had adopted a resolution advocating the creation of a new court. The EU had then abandoned the proceedings opened against the country.


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