"These are fundamental issues for Poland. We must do everything in our power to carry out all the necessary reforms that Polish citizens expect, and restore the rle of law," said the Minister of Justice after the meeting of the Council. "This plan is an expression of our commitment to European values, but also to our Constitution."

The Action Plan for Restoring the Rule of Law is a response to the justified request of the Commission in accordance with Article 7 of the Treaty on European Union and to the judgments of the Court of Justice of the European Union and the European Court of Human Rights. Its implementation is intended to end the procedure initiated against Poland under Article 7 of the Treaty on European Union.

"The plan presented by Minister Bodnar is a step that could lead to the termination of the procedure against Poland, but there is still a lot of work to be done," said Věra Jourová, Vice-President of the European Commission.

The plan provides for a set of legislative and non-legislative measures that will be implemented in compliance with all the principles expressed in the Constitution of the Republic of Poland, EU law, and the principles arising from the case-law of the Court of Justice of the European Union.

National Council of the Judiciary (KRS)

To eliminate the influence of politicians on the composition of the National Council of the Judiciary, the Minister of Justice has presented a draft amendment to the act, which introduces the principle that judge members of the KRS (15 out of 25 members) will be elected by persons of equal rank (other judges) in a universal and secret ballot. The Council of Ministers adopted this draft on February 20, 2024.

In the long term, a general reform of the KRS is planned – related to, among other things, the issue of the status of judicial nominations made on the recommendation of the KRS in the years 2018-2023.

Constitutional Tribunal (TK)

On January 31, 2024, Poland submitted its position to the Court of Justice of the European Union. Poland acknowledged the allegations concerning the improper composition of the Constitutional Tribunal and the irregularities in the election of its President. To eliminate these irregularities, Poland plans to adopt a resolution of the Sejm on the status of the Constitutional Tribunal and to introduce amendments to the Constitutional Tribunal Act.

Supreme Court (SN)

To strengthen the independence of the Supreme Court, Poland plans to introduce changes to the Supreme Court Act. These will mainly concern the Chamber of Extraordinary Control and Public Affairs, which – according to the case-law of the CJEU and the ECHR – is not an independent court established by law.

It is also planned to eliminate the institution of extraordinary appeal from the Polish legal system, which was questioned by the pilot judgments of the ECHR in the case of Wałęsa v. Poland.

Common courts

According to the judgments of the CJEU, the Polish Common Courts Organisation Act contains numerous provisions that undermine the independence of the courts and effective judicial protection. Taking into account the principle of the primacy of EU law, these provisions, including the so-called "muzzle law", are no longer applied by the courts, and judges do not face any disciplinary liability for applying EU law.

In the future, the Ministry of Justice plans to present draft laws containing provisions strengthening the guarantees of the independence of the courts and introducing the principles of delegating judges, the functioning of the self-government of judges, the appointment of presidents of courts and the activities of disciplinary officers of common courts.

Prosecution

The Polish government plans to separate the function of the Prosecutor General and the Minister of Justice. The Ministry of Justice has already presented the basic assumptions of the bill in this matter.

Poland has officially notified the European Commission of its accession to the European Public Prosecutor's Office.

Cases pending before the CJEU and the ECHR

The government has already taken remedial action in the context of the revision of Polish positions in the proceedings pending before the Court of Justice of the European Union. A review of the positions, recommendations and reservations expressed by the EU institutions is also underway. Poland will also establish a system for the institutional implementation of the judgments of the European Court of Human Rights, which will define the obligations of public authorities.

Communication and Promotions Ofice
Ministry od Justice