Poland's president refers government's constitutional court reform package to constitutional court

President Andrzej Duda has refused to sign into law two bills passed by the government’s majority in parliament that would overhaul the Constitutional Tribunal (TK) with the aim of undoing the politicisation of the court by the former Law and Justice (PiS) administration. Duda, who is a PiS ally, has instead referred the bills to the TK itself – a body stacked with PiS appointees, including former MPs from the party – for assessment because he says he has doubts about their constitutionality. [ . . . ] The legislation was part of a package of reforms unveiled by the government in March intended to “heal” the TK after eight years of PiS rule, during which time the court had come to be seen as being under the influence of the former ruling party. Under one of the two bills approved by parliament, three TK judges who were illegitimately appointed under PiS would be removed from duty and all previous rulings made with their participation would be invalidated. There are almost 100 such rulings, including the one that introduced a near-total ban on abortion. That aspect of the proposed laws has proved particularly controversial, with Poland’s human rights commissioner and parliament’s legislative bureau warning that it may be unconstitutional, reports the Gazeta Wyborcza daily. Under article 190 of the constitution, TK rulings are “universally binding and final”.
Read the full article here: Notes from Poland