Poland's parliament approves bills to undo politicization of the constitutional court

The government’s majority in parliament has approved two bills that would overhaul Poland’s Constitutional Tribunal (TK) with the aim of undoing the politicisation of the court by the former Law and Justice (PiS) administration. PiS, which is now in opposition, has condemned the proposed laws, with its leader, Jarosław Kaczyński, expressing his confidence that President Andrzej Duda, a PiS ally, will veto them. [ . . . ] Under one of the two bills approved by the Sejm, the more powerful lower house of parliament, on Wednesday, 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. 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”. However, proponents of the bill argue that the rulings in question, which number just over 80, were issued illegitimately because of the involvement of people who were not lawfully appointed as judges. Therefore they are not valid TK rulings covered by constitutional protection.
Read the full article here: Notes from Poland