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Poland's legal reforms do not comply with constitution, court rules Poland's legal reforms do not comply with constitution, court rules
(6 months later)
Poland’s constitutional court has struck down a set of government reforms concerning its judges that have paralysed the country’s top court.Poland’s constitutional court has struck down a set of government reforms concerning its judges that have paralysed the country’s top court.
The populist Law and Justice (PiS) government, which has faced criticism at home and abroad over several controversial laws since coming to power in October, said in advance that it would not recognise the ruling.The populist Law and Justice (PiS) government, which has faced criticism at home and abroad over several controversial laws since coming to power in October, said in advance that it would not recognise the ruling.
The move appears to have set the government on a collision course with the European Union, which launched an unprecedented investigation in January into the reforms, which could result in punitive measures.The move appears to have set the government on a collision course with the European Union, which launched an unprecedented investigation in January into the reforms, which could result in punitive measures.
The chief justice, Andrzej Rzepliński, said the court found that many sections of a law passed in December were “non-compliant with the Polish constitution”.The chief justice, Andrzej Rzepliński, said the court found that many sections of a law passed in December were “non-compliant with the Polish constitution”.
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The law “prevents the honest and proper functioning of the ... constitutional court, by interfering in its independence and separation from other powers, thus violating the principles of the rule of law,” Rzepliński said.The law “prevents the honest and proper functioning of the ... constitutional court, by interfering in its independence and separation from other powers, thus violating the principles of the rule of law,” Rzepliński said.
Legal and opposition figures have criticised the law for paralysing the court and removing important checks on the government’s power.Legal and opposition figures have criticised the law for paralysing the court and removing important checks on the government’s power.
In a leaked draft report, legal experts from the Council of Europe rights watchdog warned that the reforms undermined democracy, human rights and the rule of law in Poland.In a leaked draft report, legal experts from the Council of Europe rights watchdog warned that the reforms undermined democracy, human rights and the rule of law in Poland.
The commission is due to publish its official report by Saturday.The commission is due to publish its official report by Saturday.
The new law raised the bar for constitutional court rulings from a simple majority to a two-thirds majority, while requiring 13 judges to be present for the most contentious cases, instead of nine previously.The new law raised the bar for constitutional court rulings from a simple majority to a two-thirds majority, while requiring 13 judges to be present for the most contentious cases, instead of nine previously.
The court reached its verdict on Wednesday by applying the rules that regulated it before the new law was passed.The court reached its verdict on Wednesday by applying the rules that regulated it before the new law was passed.
But senior PiS politicians have argued that the court should have followed all the rules set out in the new law to reach its verdict.But senior PiS politicians have argued that the court should have followed all the rules set out in the new law to reach its verdict.
“The statement that will be delivered by some of the judges of the constitutional court will not be a verdict in the legal sense of the term,” the Polish prime minister, Beata Szydło, had said on Tuesday.“The statement that will be delivered by some of the judges of the constitutional court will not be a verdict in the legal sense of the term,” the Polish prime minister, Beata Szydło, had said on Tuesday.