Poland's Ruling Party Seeks to Replace Judge
November 26 2015 - 10:30AM
Dow Jones News
WARSAW—Poland's newly installed right-leaning ruling party on
Thursday took steps to replace judges elected to the country's top
court with its own nominees, as it seeks to clear legal hurdles to
its agenda of sweeping change.
A right-leaning majority in the Sejm, Poland's lower house of
parliament, passed a number of resolutions declaring recent
appointments of highest-court judges invalid. The ruling Law and
Justice party will now be able to push through the election of new
judges to the Constitutional Court whose rulings on legislation are
final.
Poland's new ruling party came to power in an election in
October after promising deep changes to the way Poland is governed,
including creating new administrative regions, reshuffling the
judiciary and amending the constitution.
To make sure those changes stand, Law and Justice leader
Jaroslaw Kaczynski said on Wednesday the party needed to change the
highest court first because, in his view, it had become a nest
filled with his political opponents who would try to complicate the
government's work.
The moves seek to have a similar effect to action a few years
back by Hungary's heavy-handed leader Viktor Orban who limited the
Hungarian constitutional court's ability to rule on a range of
government efforts. Poland's Mr. Kaczynski has frequently cited Mr.
Orban's style of governance as a possible model, a system where the
ruling party's firm grip on power allows it to override domestic
opponents' objections while ignoring criticism from abroad.
The opposition in Poland as well as the chairman of the
Constitutional Court cried foul after Mr. Kaczynski's party voted
to reverse the appointments made during the previous parliament's
final months.
"Law and Justice is over. Today it's Lawlessness and Injustice,"
said Ewa Kopacz, former prime minister.
Yet it is Ms. Kopacz's move that the Polish new ruling party
says it's trying to rectify. It was under her that parliament in
the previous term nominated the new judges when it was becoming
increasingly clear Ms. Kopacz's Civic Platform party would lose
power. The party quickly appointed five new judges, in two cases
preempting appointments that were to be made by the new parliament
inaugurated this month.
After taking office this year, President Andrzej Duda refused to
swear in the new judges, which gave Law and Justice time to cancel
their nominations before they started work in the court.
Since its appointment last week, Poland's new government has
attempted to reverse course on a number of issues. The defense
minister said on Wednesday Poland wouldn't necessarily buy the
Patriot missile-defense system from Raytheon Co., which was the
previous government's plan as part of a $40 billion effort to
modernize Poland's armed forces. Similarly, the new government said
it would review a tentative deal to buy military helicopters from
Airbus Group NV.
The new government in Warsaw is also trying to prompt European
Union partners to revisit the issue of migrant resettlement across
the bloc. In a more symbolic gesture, EU flags disappeared from
government press conferences this week, although President Duda has
used them during public events, displayed alongside the Polish
national flag.
Write to Martin M. Sobczyk at martin.sobczyk@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
November 26, 2015 10:15 ET (15:15 GMT)
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