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Poland’s President Vetoes 2 Proposed Laws Limiting Courts’ Independence Poland’s President Vetoes 2 Proposed Laws Limiting Courts’ Independence
(about 2 hours later)
WARSAW — Poland’s president defied expectations on Monday and vetoed two proposed laws that would have given the right-wing governing party direct control of the judiciary, in a move that had been widely condemned as a violation of democratic norms. WARSAW — Following tumultuous protests, and warnings from the European Union, Poland’s president vetoed two proposed laws on Monday that would have given the right-wing governing party direct control of the judiciary.
Poles had taken to the streets by the tens of thousands over the past week to protest the laws and to call on the president, Andrzej Duda, to veto them. Poles denouncing the laws as a retreat from democratic norms had taken to the streets by the tens of thousands, and the European Union, which Poland joined in 2004, had warned Warsaw that adopting the laws — which the bloc’s officials called a threat to judicial independence and the rule of law — could result in legal sanctions.
The European Union, which Poland joined in 2004, had warned Warsaw that adoption of the new laws — which the bloc’s officials said threatened the independence of the judiciary and the rule of law — would draw a sharp rebuke, potentially including court action and legal sanctions. Nonetheless, the decision by the president, Andrzej Duda, was unexpected. He was elected in May 2015 as the handpicked candidate of the right-wing Law and Justice Party, which won parliamentary elections later that year, and until now has been a steadfast ally of the government, though there have been rumors of a rift between Mr. Duda and the party’s leader, Jaroslaw Kaczynski.
“I feel that the reform in this shape will not increase the sense of security and justice,” Mr. Duda said at a midmorning news conference, just before scheduled meetings with leaders of the Supreme Court and the National Council of the Judiciary, both of which would have been dramatically restructured under the proposed laws. “I feel that the reform in this shape will not increase the sense of security and justice,” Mr. Duda said at a news conference before meetings with leaders of the Supreme Court and the National Council of the Judiciary.
Later in the morning, Mr. Duda said that he would sign a third bill, which reorganizes Poland’s local courts, giving the justice minister the power to select the heads of each of the regional courts. The two proposed laws he vetoed — one that would have forced the resignation of all Supreme Court justices, with their replacements to be selected by the justice minister, and another that would have given government-appointed members effective veto power in the council, which selects judicial candidates — will be sent back to Parliament. Mr. Duda urged lawmakers to rewrite them within two months.
Previously, presiding judges held significant power because they could choose which judges heard which cases, but the new law would assign cases using a lottery, government officials said, although exceptions would be made for cases deemed to be of special significance. Parliament has the power to override the vetoes, but doing so would require the agreement of 60 percent of lawmakers — a threshold that the governing Law and Justice Party, which has only a thin majority, could not meet without support from other parties.
The two laws vetoed by the president — one that would have forced the resignation of all Supreme Court justices, with their replacements to be selected by the justice minister, and another that would have restructured the council that selects judicial candidates to give government-appointed members effective veto power — will be sent back to Parliament, which is expected to write new bills that would meet the president’s approval. Later in the morning, Mr. Duda said that he would sign a third bill, which reorganizes Poland’s local judiciary, giving the justice minister the power to select the heads of the local courts and — in certain cases — even to direct judges to particular cases.
Parliament has the power to override the president’s veto, but doing so would require a supermajority of 60 percent — a threshold that the governing Law and Justice Party, which has only a thin majority, could not meet without the support of other parties. What was unclear on Monday was whether the Law and Justice Party would take the issue off the front burner, at least for the moment, and whether the veto exposed a rift between Mr. Duda and Mr. Kaczynski.
What was unclear Monday was whether the Law and Justice Party would move the issue off the front burner, at least for the moment, or whether the veto exposed a rift between Mr. Duda and Jaroslaw Kaczynski, the leader of the governing party and the most powerful political figure in the country. Marcin Zaborowski, a senior associate with Visegrad Insight, a foreign policy journal, said there were two possible explanations for the vetoes: Either Mr. Duda “is regaining his own voice,” or this was “a negotiated solution” since the party will at least gain control over the local courts.
Mr. Duda, 45, a former backbencher in the ruling party, was handpicked by Mr. Kaczynski, 68, as the party’s presidential candidate, though he left the party to serve as an independent when he assumed office in August 2015. Governing party officials seemed genuinely upset with the vetoes, as they huddled at the party’s headquarters to frame their response.
Since Law and Justice took power in October 2015 elections, Mr. Duda has been a reliable backer of the government’s initiatives, making his Monday vetoes more surprising. Mr. Kaczynski will “never forgive” the president, said Mariusz Witczak, a lawmaker from Civil Platform, the leading opposition party.
Top ruling party officials began gathering late morning in Mr. Kaczynski’s spare office in the party headquarters. “We’ll be thinking on what stand to take on this,” said Ryszard Terlecki, the speaker of the Sejm, the lower house of parliament. Other opposition leaders agreed.
Pawel Kukiz, a Polish pop star who formed his own political party that was seen as the likeliest faction to side with Law and Justice on the issue, indicated on Monday that he agreed with Mr. Duda’s decision. “Thank you, Mr. President,” he posted on his Facebook page. “I believe this is the beginning of a conflict within the ruling camp,” said Krzysztof Gawkowski, secretary general of the Democratic Left Alliance, a small opposition party. “For now, it’s hard to say how far Andrzej Duda’s independence will go.”
A member of Mr. Kukiz’s party, Stanislaw Tyszka, said the vetoes should spur “quick reform of the justice system.” Andrzej Halicki, a lawmaker from Civic Platform, also predicted a period of conflict.
Opposition leaders welcomed the news of the vetoes, but warily, and said continued pressure on the government was needed. “Politically, we can see a test of strength is starting between the presidential palace and Law and Justice,” Mr. Halicki said.
“The situation is fresh,” said Andrzej Halicki, a member of parliament for Civic Platform, the leading opposition party. “Let’s not get ahead of ourselves.” Mr. Duda, 45, was selected by Mr. Kaczynski, 68, as the Law and Justice Party’s presidential candidate, though he left the party to serve as an independent when he assumed office in August 2015.
Lech Walesa, the Nobel Peace Prize laureate who led the Solidarity movement that toppled communism a quarter century ago, and who served as the first president after communism, said he had been “positively surprised” by Mr. Duda’s decision. Mr. Walesa has feuded with Mr. Kaczynski since the 1990s and has been frequently attacked by the current government. Since Law and Justice took power in October 2015, Mr. Duda has been a reliable backer of the government’s initiatives.
“It was a hard and difficult decision, and a decision showing that Duda is beginning to feel like a president,” Mr. Walesa said. Pawel Kukiz, a Polish pop star who formed his own political party, which was seen as the likeliest faction to side with Law and Justice on the issue, wrote on his Facebook page on Monday, “Thank you, Mr. President.”
But he called on protesters not to slacken their efforts. Opposition leaders welcomed the news of the vetoes, but added that pressure on the government was still needed.
“What’s comforting is that the nation is waking up, that the youth are waking up,” Mr. Walesa said. “Don’t stop protesting!” “The situation is fresh,” Mr. Halicki said. “Let’s not get ahead of ourselves.”
Lech Walesa, the Nobel Peace Prize laureate who led the Solidarity movement that toppled communism a quarter-century ago, called the decision “difficult and courageous.”
Mr. Walesa, who served as the first president after communism, and who has feuded with Mr. Kaczynski since the 1990s, said he was “positively surprised,” adding that he believed Mr. Duda was “beginning to feel like a president.”
But Mr. Walesa called on protesters not to slacken their efforts. “What’s comforting is that the nation is waking up, that the youth are waking up,” he said. “Don’t stop protesting!”
On Monday, the Nationwide Women’s Strike — a group that brought tens of thousands into the streets late last year in a successful effort to get the government to rescind a bill outlawing all abortions — gave Mr. Duda 48 hours to veto the third bill on local courts, warning of “civil disobedience on an unprecedented scale” if he failed to do so.
President Trump visited Poland earlier this month and lavished praise on its government, without addressing the concerns of democracy advocates.President Trump visited Poland earlier this month and lavished praise on its government, without addressing the concerns of democracy advocates.
However, the State Department warned on Friday that “the Polish government has continued to pursue legislation that appears to undermine judicial independence and weaken the rule of law in Poland.” It added: “We urge all sides to ensure that any judicial reform does not violate Poland’s constitution or international legal obligations and respects the principles of judicial independence and separation of powers.” However, the State Department warned on Friday that “the Polish government has continued to pursue legislation that appears to undermine judicial independence and weaken the rule of law in Poland.”
Only about 200 people were gathered outside the presidential palace Monday morning, and they reacted jubilantly to the news of the vetoes. Tens of thousands have taken to the streets in Warsaw and across Poland over the last week, as the bills were debated and passed in Parliament, though mostly gathering after dark for candle and flashlight rallies. About 200 people gathered outside the presidential palace Monday morning, and they reacted jubilantly to the news of the vetoes.
Katarzyna Lubnauer, a member of Parliament for the opposition Modern Party, said critics of the proposed bills were willing to work with the ruling party to craft legislation to reform the courts, in which cases often languish for months and years. But she cautioned against moving too quickly. Katarzyna Lubnauer, a member of Parliament for the opposition Modern Party, said critics of the proposed bills were willing to work with the governing party to craft legislation to overhaul the courts, in which cases often languish. But she cautioned against moving too quickly.
“Wide-ranging talks are needed, wide-ranging consultations and not a fast legislative process,” she said.“Wide-ranging talks are needed, wide-ranging consultations and not a fast legislative process,” she said.
Mr. Duda said there were several parts of the proposed legislation that troubled him, especially provisions that gave the country’s chief prosecutor and justice minister power over choosing high court justices. He was also upset that the bill was pressed through Parliament without being presented to his office for consultations. Mr. Duda said he was troubled by provisions that gave the country’s chief prosecutor and justice minister power over the choice of high court justices. He was also upset that the bill was pressed through Parliament without being presented to his office for consultations.
“Poland needs reform of the judiciary,” Mr. Duda said, “But I am a supporter of a wise reform.” “Poland needs reform of the judiciary,” Mr. Duda said, “but I am a supporter of a wise reform.”
He called on Parliament to write fresh legislation and said he hoped they could do so within two months. Mr. Duda said he had spent the weekend consulting with analysts, historians, philosophers, legal scholars and others, but was most struck by a discussion he had with Zofia Romaszewska, a veteran anti-communist activist who is a supporter of the government.
Mr. Duda said he spent the weekend consulting with analysts, historians, philosophers, legal scholars and others but was most struck by a discussion he had with Zofia Romaszewska, a veteran anti-communist activist and government supporter. She “told me something which struck me most during the weekend,” Mr. Duda said. “She said, ‘Mr. President, I lived in a state where the general prosecutor could do virtually anything, and I wouldn’t like to come back to this state.’ ”
She “told me something which struck me most during the weekend,” Mr. Duda said. “She said, ‘Mr. President, I lived in a state where the general prosecutor could do virtually anything and I wouldn’t like to come back to this state.’ ”