Judicial Council Reforms
PiS altered the National Council of the Judiciary (KRS), the body responsible for nominating judges. The party restructured its composition, giving the Sejm significant influence by appointing a majority of KRS members, rather than judges electing one another. This shift increased political control over judicial appointments.
Supreme Court Changes
The government introduced a new retirement regime for Supreme Court judges, forcing many to retire early. This allowed the executive to appoint new judges aligned with PiS preferences. A Disciplinary Chamber was also created within the Supreme Court, tasked with overseeing judicial conduct but often accused of targeting judges critical of the ruling party.
District and Regional Court Modifications
Changes expanded the Minister of Justice’s role, who doubled as the Prosecutor General, granting direct power to assign and remove court presidents. This introduced a layer of political influence in court administration, potentially undermining judges’ impartiality.
Impact on Judicial Independence
These reforms erode judicial independence by concentrating power over the judiciary within the ruling party and executive branch. Critics argue that this politicization weakens checks and balances and compromises the courts’ ability to act as an impartial arbiter. The European Union and several watchdogs have declared these actions as breaching EU standards on judicial independence and rule of law.
