The bills passed the Polish Senate in a 52-28 vote last week and now head to the president for signature, state news agency PAP reported.
The legislation, which was earlier approved by the lower house of Poland's bicameral parliament, is intended to restore public confidence that cases are heard by independent, impartial judges whose appointments are beyond legal doubt, according to Justice Minister and Prosecutor-General Waldemar Żurek.
One bill would change how the National Council of the Judiciary, a constitutional body that recommends judges for appointment, is selected.
Under the proposal, the council’s 15 judge members would be elected in direct, secret ballots supervised by the National Electoral Commission (PKW), rather than being chosen by parliament, as has been the case since 2018.
All judges would be eligible to vote, while candidates would be required to have at least 10 years of judicial service and at least five years' experience in the court where they currently serve, Żurek has said.
The second draft, described by the government as a "rule-of-law" bill, addresses the legal fallout from judicial appointments made with the participation of the post-2018 National Council of the Judiciary, a structure that critics say was politicized by the previous government.
Żurek said rulings issued with the participation of so-called "neo-judges" would remain valid, a provision designed to limit legal chaos and protect the finality of court decisions.
At the same time, the bill would require fresh competitions, before a "lawful" National Council of the Judiciary, for certain judges appointed or promoted through the post-2018 procedure.
The government government has divided those judges into three groups: newer "junior" judges, judges promoted by the council, and judges appointed to judicial office through the council.
New competitions would be required for the latter two groups.
Żurek has argued that the broader rule-of-law dispute has carried significant financial costs for Poland, citing billions in withheld European Union funds, adverse rulings at the European Court of Human Rights and compensation payments that he said had exceeded PLN 5.5 million (EUR 1.3 million, USD 1.5 million).
He added that more than 1,000 Polish cases remain pending before the Strasbourg-based court.
Waldemar Żurek. Photo: PAP/Albert Zawada
Żurek acknowledged that President Karol Nawrocki has his own ideas on rule-of-law reforms, signalling that the legislation could face political headwinds despite clearing parliament.
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Source: IAR, PAP, polskieradio24.pl