Sunday

17th Nov 2019

Poland may remove constitutional judges

  • Ryszard Terlecki (seated) said the "cabaret" around Poland's constitutional court cannot go on for ever. (Photo: Pawel Kula)

Poland’s ruling Law and Justice party (PiS) is considering removing non-loyal judges from the constitutional court to break a long-lasting dispute.

”We can’t let this cabaret go on forever,” PiS MP Ryszard Terlecki told Rzeczpospolita in an interview published on Wednesday (31 August).

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 20 year's of archives. 30-day free trial.

... or join as a group

Shortly after winning elections last year, PiS passed a law curtailing the court's powers to scrutinise legislation, and attempted to appoint loyalist judges.

The court ruled that these moves were unconstitutional.

Terlecki, head of PiS' parliamentary group, said parliament was thinking about another bill, but admitted it may be useless.

”Some judges have shown they aren’t interested in complying with the laws passed by the parliament,” he said.

”This means they no longer want to be judges. I will have to find a solution to remove these judges so that they stop harming the court.”

The EU and the Council of Europe have warned of the risk of parallel legal systems, since the government does not recognise the Constitutional Tribunal's rulings but lower courts do.

Polish prosecutors last month launched an investigation against the court's president, Andrzej Rzeplinski, for not accepting three judges appointed by PiS.

Poland's deputy PM Mateusz Morawiecki said on Tuesday that the dispute would resolve itself when Rzeplinski steps down at the end of the year.

The European Commission said in July that the constitutional dispute was a threat to the rule of law in Poland and formally recommended the Polish government to recognise the top court’s rulings as well as the judges nominated by the previous parliament.

The commission gave Warsaw until 27 October to comply, or warned it could face sanctions such as losing its Council voting rights.

Analysis

EU still shy of 'nuclear option' on values

The EU commission has moved forward with its rule-of-law probe on Poland, but critics say that a better framework is needed to uphold values.

Poland tries to appease EU critics before Nato summit

The parliament passed a bill meant to address foreign critics on judicial reform. NGOs and opposition parties said it did not square with EU demands, but those demands are being kept secret, weakening their hand.

Catalan MEP is 'elected', court advisor says

In a boost for the cause of three Catalan MEPs, the advocate general of the EU Court of Justice has recognised their mandate as elected MEPs - but it is up to the parliament if they should enjoy immunity.

News in Brief

  1. Catalan politicians extradition hearing postponed
  2. Germany: EU banking union deal possible in December
  3. EIB: no more funding of fossil-fuel projects
  4. UK defence chief: Russia could trigger World War III
  5. Hungary's Varhelyi will face more questions
  6. Police put former Berlusconi MEP Comi under house arrest
  7. MEPs criticise Poland for criminalising sex education
  8. UK will not name new commissioner before election

Wilmès becomes first female PM of Belgium

On Sunday, Sophie Wilmès was appointed as the new prime minister of Belgium - becoming the first female head of government in the country's history. She replaces Charles Michel who becomes president of the European Council.

Stakeholders' Highlights

  1. Nordic Council of MinistersEarmarked paternity leave – an effective way to change norms
  2. Nordic Council of MinistersNordic Climate Action Weeks in December
  3. UNESDAUNESDA welcomes Nicholas Hodac as new Director General
  4. Nordic Council of MinistersBrussels welcomes Nordic culture
  5. UNESDAUNESDA appoints Nicholas Hodac as Director General
  6. UNESDASoft drinks industry co-signs Circular Plastics Alliance Declaration
  7. FEANIEngineers Europe Advisory Group: Building the engineers of the future
  8. Nordic Council of MinistersNew programme studies infectious diseases and antibiotic resistance
  9. UNESDAUNESDA reduces added sugars 11.9% between 2015-2017
  10. International Partnership for Human RightsEU-Uzbekistan Human Rights Dialogue: EU to raise key fundamental rights issues
  11. Nordic Council of MinistersNo evidence that social media are harmful to young people
  12. Nordic Council of MinistersCanada to host the joint Nordic cultural initiative 2021

Latest News

  1. France unveils new model EU enlargement
  2. Key moments for new commission This WEEK
  3. EU threatens legal action against UK over commissioner
  4. Corruption in the Balkans: the elephant in the room
  5. Green MEPs unconvinced by Romanian commissioner
  6. EU states fell short on sharing refugees, say auditors
  7. Hungary's commissioner-to-be grilled over loyalty to Orban
  8. Widow's plea as EU diplomats debate Magnitsky Act

Join EUobserver

Support quality EU news

Join us