“The rule of law in Poland became a smokescreen for shady interests rather than the disinterested expression of an ideal.”
The moves to undermine the rule of law came to a head in June last year, when Parliament passed a bill which gave politicians full control over the appointment and promotion of judges. Huge street protests followed this “attack on the separation of powers”, yet President Duda, who did in fact veto the legislation, proceeded to engage in a power struggle with the Law and Justice party, wresting control of the judiciary though a series of presidential proposals, which included:
- the removal of 40% of judges from the Supreme Court, including its President, thereby shortening her constitutionally enshrined term of office
- the establishment of a new Supreme Court Chamber which will be responsible for assessing the validity of elections
- the appointment of a new National Council of Judiciary whose judicial members will be, contrary to the Polish Constitution, elected by Parliament
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