Warsaw defies EU with proposed changes to judiciary

Parliament expected to pass laws leading to removal of Supreme Court judges.

WARSAW — Poland has put itself back on a collision course with Brussels.

A parliamentary commission in Warsaw approved two controversial new laws Thursday night that would allow the government to dismiss many of the country’s Supreme Court judges — a move the European Commission has said could result in EU sanctions.

“I am shattered. This is the end of the Supreme Court,” Supreme Court First President Małgorzata Gersdorf told the parliamentary commission during the televised three-day debate that preceded the decision. If enacted, both laws would be “breaking the constitution,” she added.

The legislation — which will likely be voted into the books next week — was proposed by President Andrzej Duda after he vetoed similar laws in July following mass protests outside parliament.

At the time, the European Commission warned Warsaw against any judicial reforms that resulted in the removal of Supreme Court Judges. If Poland went ahead, it said it would advise the European Council to implement Article 7 of the EU Treaty, a move that could ultimately lead to Poland losing its EU voting rights.

Grzegorz Schetyna, the chairman of the main opposition party Civic Platform, said he would call for street protests: “This is no longer a creeping coup,” he told the TVN24 news channel. “This coup begins to strike. As an opposition, we will fight to the end.”

During the debate, amendments proposed by the opposition were rejected, sometimes even before the deputies had a chance to present them. A motion to invite respected legal experts was turned down, and opinions from the parliament’s own legal bureau, stating that some provisions of the laws could be unconstitutional, were ignored.

Duda’s legislation has left intact the most controversial provision of the law he vetoed: the lowering of the retirement age of judges from 70 to 65 years, which could result in the immediate removal of an estimated 40 percent of the Supreme Court, including First President Gersdorf.

The key change in the legislation is that the justice minister will no longer be able to decide which of the judges who are older than 65 can stay. Duda reserved that right for himself.

The proposed laws would also overhaul the National Judiciary Council, which nominates ordinary judges, allowing parliament to select 15 of its 25 members — a task previously carried out by organizations of judges. Nine of the other members are political appointees, nominated by the parliament and the president. The last member is chosen by the Supreme Administrative Court.

The main change in the new legislation is an increase in the threshold for the election of new members — from a simple majority to three-fifths of the parliament. In the case of a stalemate, however, the decision reverts to a normal majority.

The legislation also gives the president and justice minister the right to appoint the members of a new disciplinary chamber with the power to sanction judges.

Parliament is expected to easily pass both laws; the ruling Law and Justice party has a stable majority in both chambers. The vote in the Sejm — the lower house — is planned for Tuesday. The upper house is expected to vote shortly afterward. The president would then have 14 days to sign or veto the bills.

The EU has never triggered Article 7, which was established more than 17 years ago, and is often referred to as the “nuclear option.” The loss of voting rights under Article 7 requires the unanimous consent of all other EU member countries. Hungarian Prime Minister Viktor Orbán has stated that he would veto any attempt to sanction Poland.

Correction: This article has been updated with the correct spelling of Supreme Court First President Małgorzata Gersdorf’s name.