Justice Minister and Prosecutor-General Waldemar Żurek said the plan would give every sitting judge the right to vote for the council’s judicial members and hand responsibility for running those elections to the National Electoral Commission (PKW).
Such an election is a sizeable undertaking as Poland has roughly 10,000 professional judges across all court levels and types, state news agency PAP reported.
Żurek called the proposal long awaited and said he hoped it would be a breakthrough. He told reporters that the PKW would verify nominations and conduct public hearings for candidates.
He argued that the council’s current makeup does not reflect all branches of the court system and is inconsistent with the constitution.
Under the draft, district courts would have six seats on the KRS, regional courts three, courts of appeal two, and there would be one representative each from the Supreme Court, military courts, the Supreme Administrative Court, and provincial administrative courts.
Candidates would need at least 10 years of judicial experience, including five years at their current court.
Groups of sitting judges could nominate candidates, as could the Supreme Bar Council, the National Bar of Attorneys-at-Law, and the National Notarial Council.
The bill would also create a four-year Social Council to advise on the evaluation of candidates for judges and court assessors.
Its members would be designated by professional and civic bodies, including the Supreme Bar Council, the National Bar of Attorneys-at-Law, the National Notarial Council, the National Council of Court Bailiffs, and others, along with three representatives of nongovernmental organizations indicated by the Public Benefit Activity Council.
Presenting the draft at the ministry in Warsaw, Żurek appealed to all political parties to back the bill in parliament. He said a functioning justice system is essential for a strong state, especially given the war in neighboring Ukraine and wider international tensions.
Krystian Markiewicz, who chairs the Commission for the Codification of Civil Law said the Social Council would open the courts to civic input.
He said that the ministry removed provisions which had been questioned by the previous president, Andrzej Duda, and added that if President Karol Nawrocki signs the proposed law, “normality will be restored,” and the president “will have the opportunity to appoint judges in a lawful manner.”
Waldemar Żurek. Photo: PAP/Albert Zawada
The Polish justice ministry last month unveiled a "rule-of-law bill" that would rerun competitions for judges appointed with the participation of the National Council of the Judiciary after 2017, and clarify the status of those appointments.
The National Council of the Judiciary (KRS) is the constitutional body that vets and recommends judges.
(rt/gs)
Source: IAR, PAP