The Parliamentary Committee on Justice and Human Rights has voted in favor of rejecting the Senate's amendment to the amendment of the Act on the National Council of the Judiciary (KRS), which would have allowed so-called "neo-judges" to run in elections for the Council.

The bill that emerged from the Sejm stipulated that former judges appointed by the KRS functioning since 2018 would not be eligible to stand for election. The Senate struck out this provision, a move supported by, among others, Adam Bodnar. However, during the parliamentary committee session, the Minister of Justice recommended that MPs reject this amendment – which means a return to the original wording.

"The adoption of the Senate amendment, regardless of the Venice Commission's opinion, was a gesture towards the President, indicating that there would be no restriction on the right to stand for election during the appointment of the new KRS. The ruling coalition hoped that the President would not remain indifferent to the rulings of the European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU), and the deepening crisis each day. That he would share responsibility for the process of repairing the justice system," the Minister of Justice stated during the committee meeting.

"Unfortunately, from the President's public statements, it appears that the President does not see such a possibility," he admitted, quoting the President's doubts regarding the shortening of the KRS's term, which is provided for in the amendment being processed.

"Interestingly, the President had no such doubts when he signed the KRS Act in 2018, when we were dealing with a fully constitutionally functioning body and when there were no doubts about its independence," he noted.

"Regardless, however, of the President's stance and his future decision, it is the duty of parliamentarians to pass the legislation they deem optimal from the perspective of implementing and balancing constitutional values," he argued.

"Given the circumstances, I would nevertheless like to recommend that MPs reject this Senate amendment. My recommendation is an expression of concern and responsibility for rebuilding the rule of law in Poland, because this is a process that will take many more months, but which must take into account the comprehensive nature of the planned changes," Bodnar declared.