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Polish lawmakers set to back judicial overhaul

By REUTERS
July 22, 2017

WARSAW: Polish lawmakers were set to defy the European Union and massed opposition protesters on Friday by backing a judicial overhaul denounced by critics as a move towards authoritarian rule.

Parliament´s upper house was expected to vote through later on Friday a bill forcing the removal of Supreme Court judges except for those selected by the justice minister and approved by the president.

Tens of thousands of people gathered in cities across Poland into the early hours of Friday, some carrying Polish and European Union flags and chanting, “Free Poland, European”.

Protesters said more rallies were planned in the evening. The government of the EU´s biggest eastern member state says the changes are needed to make courts more accountable and to ensure state institutions serve all Poles, not just the “elites” it says are the support base for the centrist opposition.

The ruling Law and Justice party (PiS) has rushed through its systemic overhaul of the country´s top court at a time when many Poles are on summer holiday.

The bill was not subject to any public consultation and was passed by the lower chamber just nine days after it was first submitted. The US State Department said late on Thursday it was “concerned” about the Polish government´s continuous pursuit of legislation that appeared to weaken the rule of law.

Senior Czech judges denounced the judicial overhaul in Poland as an attack on the rule of law on Friday. On Wednesday, the EU gave Poland a week to shelve the judicial reforms that Brussels says would put courts under direct government control.

If the PiS government does not back down, Poland could face fines and even a suspension of its voting rights, although other eurosceptic EU governments, notably Hungary, are likely to veto strict punishments.

Prime Minister Beata Szydlo has said she would not give into pressure at home or abroad, setting up a confrontation with the EU, which has threatened sanctions over the plans, calling them a challenge to the rule of law.

Since being elected in 2015, PiS has sought to tighten government control over the courts and brought prosecutors and state media under direct government control. It has also introduced restrictions on public gatherings and made it harder for some non-governmental organisations to function.

The zloty fell over 1 percent against the euro on Friday, underperforming the region´s other currencies and erasing all of its gains from last week. The PiS has offered some concessions on demand from the president, but has presented criticism from abroad as unacceptable meddling in the domestic affairs of the country, which overthrew communism in 1989 and joined the EU in 2004. “We will not give into pressure.

We will not be intimidated by Polish and foreign defenders of the interests of the elite,” the prime minister said in an address on state television.

Opposition groups and other critics say the legislation, which parliament´s upper house started debating on Friday morning, is part of a power grab by the ruling Law and Justice (PiS) party that would undermine the EU´s liberal principles.

According to the bill, new judges to the Supreme Court would be appointed by President Andrzej Duda after a request from a judicial panel to be dominated by people backed by a three-fifths parliamentary majority.  Supreme Court judges are currently chosen by their judicial peers.

“We believe that Poland is slowly but systematically turning into a penal institution,” opposition senator Jan Rulewski, a veteran activist of the anti-communism movement, said during the debate, dressed in prison uniform.

Increased social spending, record low unemployment and robust economic growth have so far kept the PiS government popular despite the protests over some of its changes.

The party´s brand of patriotic rhetoric infused with Catholic piety resonates strongly with many Poles who feel frustrated by a gap in standards of living with the West nearly three decades after the collapse of communism.

The bill was passed by parliament´s lower house on Thursday after tumultuous debate. That triggered one of the biggest protests since the PiS came to power in late 2015.

Once the legislation passes in the Senate - where PiS has a majority - the bill will go to President Duda, a PiS ally, for final approval.