Defying Brussels, the Polish parliament on Friday passed a law punishing judges critical of controversial court reforms, a measure the governing conservatives have said is necessary to avoid judicial chaos, but that the opposition called a threat to the rule of law.
The vote came just a few hours after the European Commission called on Warsaw to put off on approving the draft law until it had consulted with international experts.
The legislation passed the lower house of parliament with 233 votes in favor, 205 against and 10 abstentions.
It was prepared in haste by the governing right-wing Law and Justice party in response to rulings by the European Court of Justice and the Polish Supreme Court, which called into question various judicial reforms introduced by the conservatives.
Polish Minister of Justice Zbigniew Ziobro on Thursday said the bill “protects and restores a normal state of affairs in Poland’s justice system.”
“This law protects the democratic rule of law against the ‘judiocracy’ that some are trying to usher in through a trapdoor, triggering chaos, anarchy and illegality,” he said.
“We’re not sure who is a judge, because every judge can be contested. We’re not sure which ruling was handed down, because every ruling can be challenged. Public interests count for nothing because what matters are the interests of a special caste [of judges],” he added.
After it was introduced, critics said the bill put judicial independence at risk and it triggered street protests across the country.
Judicial experts in parliament also called the legislation into question.
The document was amended, but according to the approved version judges could still lose their jobs for challenging the competence of magistrates appointed by a body that opponents have said lacks independence.
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