Hardline conservatives use numbers to push through widely condemned reforms that water down judges’ power to rule on legality of government policies

This article is more than 4 years old

This article is more than 4 years old

Poland’s ruling conservative party has passed a law that top legal and opposition figures say will paralyse the country’s highest legislative court and remove important checks on the government’s power.



Following an avalanche of criticism at home and abroad, the approval of the new law raises the bar for constitutional court rulings from a simple majority to a two-thirds majority, while requiring 13 judges to be present instead of nine previously for the most contentious cases.

The Law and Justice party (PiS), led by staunch conservative ex-premier Jarosław Kaczyński, has already plunged the country into a political crisis since being elected in October, partly over controversial nominations to the constitutional court.

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It has attempted to install five judges of its own choosing in the 15-member court, and refuses to recognise judges who were appointed by the previous parliament when the liberal Civic Platform (PO) party was in power.

With PiS in control of both houses of parliament, the law passed easily, with 235 votes for and 181 against. Four lawmakers abstained.

Thousands of people demonstrated in Poland’s capital, Warsaw, and other cities ahead of the vote, accusing the conservative government of undermining democracy.

The European parliament chief, Martin Schulz, has compared the political situation in Poland to a “coup”. Poland’s prime minister, Beata Szydło, demanded an apology.

Poland’s supreme court has said the new law interferes with the court’s independence and aims to hinder its proper functioning.

The law introduces obligatory waits of three to six months between the time a request for a ruling is made and a verdict, compared with two weeks currently.

This “presages huge potential delays and, in fact, the paralysis (of the court)”, the supreme court said in a written opinion.

The PiS’s Kaczyński – who is neither president nor prime minister but is widely thought to pull the strings in his party – has said he wants to break up the “band of cronies” who he claims make up the court.

He has accused it of trying to block government policies, including on family benefits and the retirement age.