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The Polish President, Karol Nawrocki, has exercised his veto power to halt a key judicial reform backed by Prime Minister Donald Tusk's pro-European administration. The proposed legislation aimed to reestablish the independence of Poland's National Council of the Judiciary, a central institution responsible for nominating judges in the country.
This move by the president comes in the wake of long-standing tensions between Poland's executive and legislative branches over the structure and impartiality of the judiciary. The previous government, led by the conservative Law and Justice (PiS) party, enacted reforms in 2018 that shifted the selection of 15 out of 25 council members from the judiciary to parliamentary appointment. Critics argued that this undermined the separation of powers and judicial independence, drawing criticism from the European Union and a legal challenge at the European Court of Justice.
The European Court of Justice subsequently expressed concerns that the council, under the new system, lacked sufficient independence from political influence, highlighting that its reconstitution was largely shaped by the ruling administration. These developments intensified scrutiny over Poland's adherence to democratic standards and the rule of law, with the European Commission repeatedly urging the country to reverse changes that jeopardized judicial autonomy.
Upon taking office, Prime Minister Tusk committed to reversing the changes implemented by the PiS and restoring confidence in Poland's legal institutions. The government's proposed reform sought to return the selection of the majority of council members to the judiciary itself, in line with previous European recommendations. However, President Nawrocki justified his veto by citing constitutional concerns and arguing that the reform would further divide the judiciary and place judicial authority in the hands of specific political interests.
Because Polish law only allows the parliament to override a presidential veto with a supermajority exceeding 60 percent, and Tusk's coalition does not command such numbers, the future of the reform remains uncertain. The president's decision was anticipated, as he had previously indicated his intention to stand in opposition to the government's agenda.
Despite this setback, Justice Minister Waldemar Zurek affirmed that the government remains committed to reforming the judicial system. He emphasized ongoing efforts to ensure that constitutional institutions act in the interests of citizens and indicated that alternative strategies are being considered to achieve judicial independence.
The controversy over judicial reforms in Poland continues to attract attention from international observers, particularly the European Union, which has linked the restoration of judicial independence to the allocation of certain EU funds. The dispute underscores the broader debate within Poland regarding the balance of power, rule of law, and relationship with European institutions.
As the government explores its next steps, the outcome of this legislative standoff is likely to have significant implications for both domestic governance and Poland's standing within the European Union. The situation remains dynamic as political actors assess available legal and constitutional pathways to address concerns surrounding the judiciary's independence.
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