The resolution, announced Wednesday and immediately gazetted in Poland’s journal of laws, seeks systemic solutions to restore the judiciary's independence and constitutional compliance.
The document highlights concerns over actions by the Constitutional Tribunal (TK), the National Council of the Judiciary (KRS), and the Supreme Court (SN) since judicial reforms were initiated in 2015 by the then-ruling right-wing coalition led by the Law and Justice (PiS) party.
These changes, the government argues, have compromised judicial independence and exposed courts to undue influence from the legislative and executive branches.
According to the resolution, the current Constitutional Tribunal is incapable of fulfilling its constitutional duties due to irregularities in the appointment of judges since 2015.
The government asserts that issuing further rulings by the tribunal would only deepen the crisis and recommends that its decisions not be formally published, a measure intended to prevent their integration into the legal system.
The resolution also addresses actions taken by the KRS and SN in recent years, citing instances where judicial appointments were made under questionable circumstances.
It asserts that the KRS, restructured under a 2017 law, lacks independence from political influence, and decisions involving judges appointed under this framework are at risk of being challenged by domestic and international courts.
To enhance transparency, the government proposes that legal acts issued by the KRS and SN involving judges appointed after 2017 should include annotations warning of their potential legal vulnerabilities.
These annotations would not alter the content of the acts but would inform individuals affected by these rulings of the circumstances surrounding their issuance.
The resolution references multiple rulings by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR) from 2021 to 2024, which criticized Poland's judicial reforms.
It also notes parliamentary resolutions passed in December 2022 and March 2023 that called for reforms to the judiciary.
"The legislative and executive authorities gained decisive influence over judicial appointments under previous governments," the resolution states, emphasizing that this influence has eroded the judiciary's independence.
It further claims that the actions taken between 2018 and 2023 demonstrate a disregard for the judiciary's authority and role in upholding the rule of law.
(rt/gs)
Source: IAR, PAP