It was close for Zbigniew Ziobro, but the majority of the governing coalition United Rights in Poland is close. The opposition had tried to get rid of the justice minister with a motion of no confidence, and she was able to collect 226 votes on Tuesday evening. But 228 voted against the application, i.e. for Ziobro to remain in office. Ziobro, who is both the founder and chairman of the Solidarna Polska party, not only annoys the opposition, but often also the powerful coalition partner PiS. He’s much further to the right, and if he had his way, the government wouldn’t bother asking for money from Brussels, even pretend.
But – see the narrow majority – the PiS needs Solidarna Polska, and so they backed the minister.
Ziobro is also Attorney General and therefore has very far-reaching powers legal powers, which the ECJ has already criticized. This concentration of power is characteristic of Poland’s judicial system, which is influenced and guided by politics, which has prompted the EU Commission not to release any tranches from the Corona reconstruction fund so far.
However, after a good six months, there could now be movement here: In June, the government and the EU Commission agreed on the Reform and investment plan for the Corona aid pot agreed. The rules require governments to commit to specific reforms. Only when Warsaw achieves intermediate goals, so-called milestones, can the commission start transferring money.
It’s about 22.5 billion euros and cheap loans
In the case of Poland, the document calls for strengthening the independence of the judiciary. It’s about a lot. Around 22.5 billion euros in grants can flow from the pot by the end of 2026, which do not have to be repaid. In addition, Poland could access cheap loans.
Late on Tuesday evening, PiS MPs presented a draft law through which Poland should achieve these milestones. On the one hand, the so-called gag law is to be relaxed. This prohibits legally appointed judges from taking action against “neo-judges” who, according to EU legal standards, should not even be in office. In addition, disciplinary proceedings should no longer be carried out before a professional liability chamber that is not recognized by EU standards. But before the Supreme Administrative Court. The first reading of the draft in the Sejm, the more powerful of the two chambers of parliament, is scheduled for this Thursday.
The Polish judges’ associations Iustitia and Wolne sądy (Free Courts) immediately rejected the draft as inadequate. After all, wrongly appointed judges also worked at the Supreme Administrative Court, according to statements.
On the other hand, those close to the EU Commission say that this law could well be sufficient to achieve milestones from the reform plan. Then the first grants could flow. The government has discussed the proposal with the authority and the experts are satisfied with the draft. The big question, however, is whether the government will really get the legal act through parliament in this form, a Brussels insider said. If that succeeds, Warsaw can apply for the payment of the first grants – and the commission would check whether the milestones have actually been cleared.
There is also movement beyond the draft law: Two weeks ago, for example, the suspension of the particularly prominent judge Igor Tuleya, who was critical of the government, was lifted. He hadn’t been allowed to work for two years. After vehemently opposing the PiS government’s judicial reforms, he was finally accused of exceeding his powers. The fact that he is now allowed to wear his judge’s chain again is a reason for joy for the independent judges, but it is not enough for them. Other judges are still suspended.