Poland - February 2024

The government announced plans to roll back changes made by the previous government between 2015 and 2023, which had expanded political influence over the judiciary. On 20 February, the government approved draft legislation aimed at depoliticising the National Council of the Judiciary (KRS), the body charged with nominating judges. The legislation, which will now go to Parliament, would see KRS judges elected by all Polish judges in a universal and secret ballot (currently, they are appointed by the Sejm, the lower parliamentary house). The planned reforms further aim to tackle disciplinary liability for judges applying EU law, the so-called “muzzle law”, and to discontinue unjustified disciplinary proceedings. Additionally, the plans seek to separate the office of the Minister of Justice and the Prosecutor General. The government has controversially removed the Law and Justice (PiS) party loyalists from key positions by claiming they were illegitimately appointed, including the National Public Prosecutor who was replaced in February.

Sources: Ministry of Justice (1), Ministry of Justice (2), Politico, Notes from Poland (1), Notes from Poland (2), Euronews, European Commission, Financial Times, Forsal, International IDEA