The changes to Poland's judiciary planned by the ruling Law and Justice have provoked angry protests. Credit: Wojtek Radwanski/AFP
Poland's government has been in a heated dispute with Brussels over the rule of law in recent months.
The country's ruling nationalists introduced draft legislation that effectively gives the government the power to fire judges – a move heavily criticized by Brussels.
What's included in the draft laws?
Under draft legislation now before parliament, Poland's ruling Law and Justice party (PiS) aims to prevent judges from ruling that their peers, nominated by a panel appointed by the party, are not independent.
If passed, the laws would give the government the power to fire or fine judges who rule in ways or express positions that it doesn't like.
One new provision would also require judges to declare what associations they are affiliated with and all names under which they appear online.
The Polish parliament's Bureau of Research, which analyses the legality of draft laws, warned that the new legislation violates both judicial independence and the primacy of European Union law.
Among other items in the draft law, which the lower house began debating on Thursday, is that the government would have the power to discipline judges who carry out rulings in line with EU law, including questioning judicial appointments.
Why is the EU furious with Poland's judicial reform?
The European Union has accused the ruling Law and Justice (PiS) party of politicizing the judiciary ever since it came to power in 2015.
Critics fears that the legislation, if passed, would mark an end to the separation of powers between the government and the law - and be dangerous for Polish democracy.
Critics call the draft legislation repressive and fear it would lead to a final blow against any independence left for Poland's judicial system after four years of overhauls under Law and Justice.
On Friday, the European Commission asked Poland to hold off adopting the draft law until Warsaw consults the Venice Commission of constitutional law experts of the Council of Europe.
The Commission, the guardian of European Union treaties that trump all national laws, also said that before proceeding with the draft law on judges, Polish authorities should consider available case law of the European Court of Justice, signalling existing rulings contradicted the planned Polish legislation.
Commission spokesman Christian Wigand told a regular news briefing that Commision Vice President Vera Jourova had written to Polish authorities on Thursday expressing concern about the draft law.
In the letter, Jourova "strongly encourages" Poland to consult the Council of Europe's Venice Commission and "invites" state organs not to take forward the draft legislation before the necessary consultations.
Once the lower house approves the legislation, it goes to the opposition-controlled upper chamber, the Senate, where anti-PiS parties will demonstrate for the first time since the October elections their ability to delay the ruling party's legislation.
Demonstrators hold a rally to protest against changes to Poland's judiciary planned by the ruling Law and Justice party near the building of parliament in Warsaw on 18 December 2019 Credit: AP Photo/Czarek Sokolowski
How is the Polish government reacting to EU pressure?
Ruling party PiS argues that the reforms are necessary to make Poland's courts more efficient.
But on Thursday, Poland's ruling nationalists signalled they plan to water down legislation, in an apparent attempt to ease the dispute with Brussels.
One of PiS's smaller partners, Porozumienie, which depicts itself as a pro-business party, has come under opposition pressure to partially block the reform. Porozumienie recently impeded another reform planned by the PiS.
On Thursday, state news agency PAP quoted Porozumienie head Jaroslaw Gowin as saying that ruling politicians would adopt amendments to the bill aimed at removing its two most criticized parts.
These are disciplinary measures against judges questioning legitimacy of their peers appointed by the new panel, and a part of the bill that forced judges to reveal the names of social media accounts they use under pseudonyms.
"There's an agreement ... amendments (to the proposed bill) will be adopted," Gowin was quoted as saying by PAP.
Poland's Prime Minister Mateusz Morawiecki said the changes are aimed at preventing "chaos" stemming from a recent EU court ruling Credit: Kenzo Tribouillard/AFP
Can EU expel Poland over the judicial reform clash?
The EU has criticized the PiS reforms as undermining the independence of the judiciary - a cornerstone of EU law - and threatened to cut off vital EU funding if they continue.
The legislation could add to Poland's marginalisation in the European Union and possibly even lead to its eventual departure from the 28-country bloc.
The Polish Supreme Court said legislation could put Poland irremediably at odds with the European bloc. The court said the Polish ruling party was undermining the principle of the primacy of EU law over national law.
It said in a statement: "Contradictions between Polish and EU law.... will in all likelihood lead to an intervention by EU institutions regarding an infringement of EU treaties, and in the longer run [will lead to] the need to leave the European Union."
Poland's Supreme Court statement said the proposed bill was 'evidently designed to allow Polish President Andrzej Duda, an ally of PiS, to pick a new head of the court before a presidential election expected in May. Credit: AP/Mindaugas Kulbis
Moves by Hungary and Poland to bring their courts and media under tighter state control have led the European Commission, the EU's executive arm, to begin rule-of-law investigations that could in theory lead to a suspension of their EU voting rights.
Brussels is considering linking adherence to the rule of law and democratic standards with access to EU budget funds.
Poland joined the EU in 2004 and public support for membership remains strong, despite the tussles between Brussels and PiS.
Poland is a major beneficiary of EU funds for its farmers and infrastructure projects.
There is no mechanism for the EU to expel a member state. So far, only Britain has chosen to leave the bloc, following a referendum in 2016. It is expected to exit the EU next month.