Tuesday

16th Jan 2018

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).

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

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.

New Polish PM visits Hungary in snub to Brussels

In his first official bilateral visit since taking office, Poland's new prime minister Mateusz Morawiecki travels to Budapest, which vowed to defend Warsaw from any EU sanctions over its judicial reforms.

Magazine

Macron: Hegelian hero of EU history?

The election of the 39-year old newcomer injected new hope and dynamism. But the French president still has to find solid allies in the EU and deliver his ambitious agenda at home.

News in Brief

  1. Verhofstadt scolds Polish MEP for Nazi-era slur
  2. EU to remove half of tax havens from blacklist
  3. SPD Berlin branch votes against Merkel coalition
  4. Thousands protest as Greece approves bailout reforms
  5. France and Germany call for Bitcoin regulation
  6. Macron visits Calais migrants before French-UK summit
  7. Spanish anti-mafia prosecutor targets Russian officials
  8. Madrid to continue direct rule if Puigdemont re-elected

Stakeholders' Highlights

  1. ILGA EuropeFreedom of Movement and Same-Sex Couples in Romania – Case Update!
  2. EU2017EEEstonia Completes First EU Presidency, Introduced New Topics to the Agenda
  3. Bio-Based IndustriesLeading the Transition Towards a Post-Petroleum Society
  4. ACCAWelcomes the Start of the New Bulgarian Presidency
  5. Mission of China to the EUPremier Li and President Tusk Stress Importance of Ties at ASEM Summit
  6. EU2017EEVAT on Electronic Commerce: New Rules Adopted
  7. European Jewish CongressChair of EU Parliament Working Group on Antisemitism Condemns Wave of Attacks
  8. Counter BalanceA New Study Challenges the Infrastructure Mega Corridors Agenda
  9. Dialogue PlatformThe Gülen Community: Who to Believe - Politicians or Actions?" by Thomas Michel
  10. Plastics Recyclers Europe65% Plastics Recycling Rate Attainable by 2025 New Study Shows
  11. European Heart NetworkCommissioner Andriukaitis' Address to EHN on the Occasion of Its 25th Anniversary
  12. ACCACFOs Risk Losing Relevance If They Do Not Embrace Technology

Latest News

  1. EU names China and Russia as top hackers
  2. Ten Commandments to overcome the EU's many crises
  3. Brexit opens Pandora's Box on number of MEPs per country
  4. Romanian PM resigns in spat with convicted party leader
  5. Macron's Chinese 'game of influence'
  6. EU's 'old men' must pressure on Poland on abortion rights
  7. Commission to float anti-'fake news' proposals in spring
  8. Sweden raises alarm on election meddling