On Wednesday, the Supreme Court of Poland has sided with President Andrzej Duda in a heated dispute over the legitimacy of certain bills. These bills were passed without the participation of two MPs who had previously been convicted. This decision, taken by the Constitutional Tribunal, raised concerns about the ongoing upheaval in Poland's legal framework, reports Reuters.
The independence of the tribunal, tasked with assessing the legality of laws, has been called into question by the government that took office in December.
At the heart of this dispute is a political struggle, with centrist Prime Minister Donald Tusk seeking to reverse the actions of the previous government, including changes to the composition of the Constitutional Court.
The tribunal deemed unconstitutional two minor bills, adopted without the participation of former interior minister Mariusz Kaminski and his deputy Maciej Vasik. Both Kaminski and Vasik, associated with the nationalist party "Law and Justice" (PiS), were stripped of their parliamentary seats after convictions for abuse of power.
However, in a twist, President Duda, a PiS ally, pardoned them and claimed they should be reinstated as MPs.
The ongoing dispute also extends to the legitimacy of the tribunal itself, with Tusk's pro-EU government challenging its current composition and refusing to recognize its rulings. Efforts to reform the court have met resistance from PiS, leading to a wider debate over the appointment and roles of judges at the tribunal. This legal dispute has not only domestic but also international implications.
In 2022, the European Court of Human Rights found some judicial appointments illegal, echoing the European Commission's concerns about Poland's adherence to the rule of law.
Following the change of government, the Commission released billions of euros in European funds that had previously been frozen under PiS rule, signaling a potential thaw in relations. This latest ruling by Poland's Supreme Court underscores the country's deep legal and political divisions, with the ongoing saga likely to affect Poland's legal system and its relationship with the European Union for years to come.