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Polish Constitutional Court: Gov’t Justice Reform Violates Rule of Law

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Polish flag in Warsaw - Sputnik International
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The Constitutional Tribunal of the Republic of Poland ruled on Wednesday that the ruling party’s amendments to its decision-making process, requiring a two-thirds majority and the mandatory participation of 13 of the total 15 judges, violate the rule of law.

MOSCOW (Sputnik) – Before President Andrzej Duda enacted the new rules in December, Constitutional Tribunal rulings required the presence of nine judges and a simple majority to stand.

The court adjudicated on Wednesday the new rules "prevent the constitutional body, which is the Constitutional Tribunal, from reliable and efficient operation" and interferes with its "independence and autonomy from other authorities, violating the rule of law."

Two of the 15 judges, who were both appointed by Duda’s Law and Justice (PiS) party, disagreed with the court’s decision.

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Prime Minister Beata Szydlo was cited as saying on Tuesday that she would refuse to officially publish the Tribunal’s judgment, a step described as required to gain validity. PiS’ predecessor Civic Platform (PO) lawmakers elected five new judges shortly ahead of losing their majority in the October 2015 election.

Poland remains the subject of an EU inquiry into possible breach of EU legal standards that began in January after Duda approved laws restricting media freedom and enabling the government to appoint heads of public television and radio services.

The country’s expanded government surveillance powers law came into force early last month.

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