Let's start with what's in the draft amendment: the government assumes that 15 members of the National Judicial Council would be elected in general and secret elections from now on. So far – specifically since 2017 – the Sejm has done so. Thus, on October 15, the Coalition wants to weaken the powers of the parliamentary majority and turn them into the hands of the judges themselves (although the politicians of the Law and Justices would most likely like to talk of the “cast”).
The most controversial is the evidence that, after the election of fresh judges, present judges-members would lose their seats. According to PiS politicians, it's unconstitutional. The vote itself would be watched by the State Election Commission. Another point of amendment states that the anticipation of submitting candidates to the National Court registry has been gained by the ultimate Bar Council.
In the Sejm II reads the draft bill rebuilding the independency of the National Judicial Council. After consultation, we are proposing amendments extending the number of entities that can submit candidates for members of the National Court Register. We reconstruct 3 divisions of power in Poland.
— Kamila Gasiuk-Pihowicz (@Gasiuk_Pihowicz) April 10, 2024
Amendment of the KRS Act. There's quite a few emotion in the Sejm.
PiS MP Marek Ast submitted 2 further amendments to the government project: 1 which completely rejects the amendment and the another which introduces a number of amendments. Sebastian Kaleta spoke very emotionally about the amendment. The parliamentarian did not run distant from specified phrases as: “Targowica” or “Corporate Parliament”. According to Mr Kaleta, a fresh selection procedure for members of the KRS would be an attack on Polish sovereignty.
In proceeding this, Mrs Kamila Gasiuk-Pihowicz pointed out a number of irregularities in the current law. You can't halt something that isn't there. This is indicated by the resolution of the Joint Chambers of the ultimate Court or the EU ruling (...). The composition of the KRS was called up with a violation of the Constitution – we heard.
Against the background of this dispute, Mr Kukiz 15′ Jarosław Sachajko, who proposed that the candidates for judges should be elected in the general election. However, we can be certain that this proposal will not find many fans, either on the left or on the right side of the parliament.
Next gathering @CancerariaSeym . We are pursuing a very crucial draft of the KRS Act. @BaszkaOliCan not open message@kasp_rafa@AleksandraLeo@EwaeSzetpic.twitter.com/zoXsEm1eZX
— Kamil Wnuk (@KamilWnuk22) April 10, 2024
Amendment of the KRS Act. Emotions are unnecessary. Duda's gonna veto everything anyway.
Those who are watching the current session of the Sejm could consider that the parliamentary vote would end the legislative process and that the average majority of Members and Senators would decide on the further destiny of the bill. However, for this to become a law, we request the signature of president Andrzej Duda. We can be 100% certain that this 1 will not submit it, and at most it will mention the bill to the Constitutional Court (led by Julia Przyłębska). The president spoke on respective occasions about the improvement of the judiciary and was enthusiastic about the changes made by the Law and Justice, from which he was born.
In addition, Andrzej Duda believes that since Marshal Szymon Holovnia had extinguished the mandates of Members Maciej Wąsik and Mariusz Kamiński, The parliament is sitting in a part-time line-up and thus its voting is invalid. This situation will last at least until June: then possibly the ex-Parliamentarians mentioned will effort to get Euro MPs' tickets, and the situation in the Polish Sejm (at least in president Duda's optics) will become clear. However, if that does not happen, Duda will veto all the laws coming out of the Sejm until the end of his term.
