Poland moves to dismantle 'gag law,' restore judicial independence

Poland's Ministry of Justice is advancing a significant legislative proposal to dismantle key aspects of the "gag law," enacted in December 2019 under the previous Law and Justice (PiS) government. The "gag law" introduced measures that critics argued curtailed judicial independence and freedom of judgment. The proposed amendments aim to reverse these changes and restore the autonomy of the judiciary.

A central element of the reform is the proposed elimination of disciplinary actions against judges who question the legitimacy of appointments made under the "neo-judge" system. This includes removing the controversial obligation for judges and prosecutors to declare their membership in social organizations. Furthermore, the project seeks to abolish the ban, implemented by the PiS government, on judges questioning the legal standing of courts, tribunals, and constitutional bodies, such as the National Council of the Judiciary.

The proposed legislation also targets the structure of disciplinary courts and the appointment of disciplinary spokespersons. It suggests liquidating the separate disciplinary courts attached to appellate courts, which were staffed by minister-selected individuals. Their responsibilities would be transferred to appellate courts, with panels of three judges selected for each case from the court's general judiciary, excluding the president, vice-presidents, and the disciplinary spokesperson.

Additionally, the reform proposes a shift in how disciplinary spokespersons are chosen. Currently, the minister appoints the spokesperson for common court judges and their deputies. Under the new plan, these positions would be filled by candidates selected by the general assemblies of judges at the appellate courts. Deputies at appellate and district courts would also be elected by the respective judicial assemblies for three-year terms, rather than being appointed by the chief disciplinary spokesperson.

While many of the proposed changes are welcomed by judges, some question the timing of the reforms. Judge Marek Antas, president of the "VOTUM" Association of Graduates and Trainees of the National School of the Judiciary and Public Prosecution, praised the Ministry of Justice's project, but inquired about the delay in its introduction.

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It is good that this project has finally been introduced.