Members of the Venice Commission arrived in Poland in September 2024 at the request of Minister Adam Bodnar. Their task was to assess the draft law on separating the roles of the Prosecutor General and the Minister of Justice, as well as potential ways to regulate the status of so-called “neo-judges.”

On October 12, during a plenary session, the Commission issued its opinion. “As a matter of principle, the Venice Commission supports the direction of these reforms and the main institutional solutions that have been proposed,” stated Minister Adam Bodnar.

The separation of the offices of Prosecutor General and Minister of Justice was regarded by the members of the Commission as a positive step in terms of democratic standards. “I believe the most significant aspect of this positive opinion is the recognition that the Prosecutor General can be elected by an absolute majority of the Sejm and Senate. It is also important to acknowledge the possibility of implementing various changes during the transition period,” Bodnar said.

The Commission also presented comments, particularly regarding the status of the National Prosecutors Council (Krajowa Rada Prokuratorów) and the lack of mechanisms to remove the new Prosecutor General.

Status of the Neo-Judges

“As for the second opinion concerning the status of judges, the situation is such that we do not yet have a draft law, as the debate in Poland is still ongoing regarding how to shape and address this issue,” stated the Minister of Justice.

“The Venice Commission is aware of how unprecedented this situation is, how novel it is, and how significant the challenge is that we are facing. The only thing the Commission can do is advise on how to apply international standards to assess this situation and how to reconcile several very difficult elements. The goal is to ensure the independence of the judiciary, while at the same time carrying out these changes swiftly so as not to undermine the principle of legal security for citizens. On the other hand, it is also necessary to reconcile these reforms with the individual rights of those undergoing the vetting process,” added Bodnar.

It is worth recalling that the government has proposed that neo-judges—a group of more than 3,000 individuals improperly appointed to judicial offices—be returned to their previously held positions, while a portion of them, particularly those actively involved in dismantling the rule of law, would face disciplinary proceedings. Only assessors would retain their appointments. The government is also considering halting funding for the neo-National Council of the Judiciary (neo-KRS).

The Venice Commission is an advisory body of the Council of Europe, composed of former judges of Constitutional Courts and Supreme Courts, and former Ministers of Justice from European countries. Experts from the Commission consult on the most significant legal reforms in member states.

The above entry by Anton Ambroziak was published in OKO.press on October 13, 2024.

https://oko.press/na-zywo/na-zywo-relacja/komisja-wenecka-wydala-opinie-o-polskim-wymiarze-sprawiedliwosci