Polish president blocks judiciary reforms after days of protests

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WARSAW (Reuters) – Polish President Andrzej Duda on Monday said he would veto two of three bills passed by parliament in a judicial reform that has triggered nationwide protests and raised EU and U.S. concerns about a politicization of the courts.

Duda is an ally of the ruling right-wing, eurosceptic Law and Justice (PiS) party and his move appeared to catch the government off guard, while producing only a guarded response from Brussels.

On Saturday, the upper house gave final approval to a bill that would remove all current Supreme Court judges immediately except those approved by the justice minister, who is also the prosecutor general.

Parliament had earlier passed a bill giving it the right to name most of the members of the National Council of the Judiciary, which would nominate future candidates for the president to appoint to the Supreme Court.

“I’m absolutely a supporter of this reform, but a wise reform,” Duda said in a live statement announcing his veto on Monday.

“Reform in this form will not increase the sense of security and justice … Change has to be made in a way that doesn’t separate society and state.”

The overhaul of the judiciary, coupled with a drive by PiS to expand its powers in other areas, including control of the media, has provoked a crisis in relations with the European Union and sparked one of the biggest political conflicts since Poland overthrew communism in 1989.

For days, tens of thousands of protesters have held candlelit vigils in cities including Warsaw, Krakow and Poznan,demanding that Duda veto the reforms. Protests continued on Monday outside the PiS headquarters and Duda’s office in Warsaw.

The opposition and most legal experts say the changes violate the Polish constitution.

But the government has rebutted accusations that it is heading toward authoritarian rule. The PiS says the changes are needed to ensure courts serve all Poles, not just the “elites”.

PiS lawmaker Jacek Sasin told the state broadcaster TVP Info that Duda’s decision “may mean that we will have to wait much longer for the reform”.

“Surprised and Disappointed”

REFILE – CHANGING SLUG Poland’s President Andrzej Duda speaks during his media announcement about Supreme Court legislation at Presidential Palace in Warsaw, Poland, July 24, 2017.Kacper Pempel

PiS leader Jaroslaw Kaczynski declined to answer reporters’ questions as he headed into a hastily convened party leadership meeting, but Deputy Prime Minister Mateusz Morawiecki said he was “surprised and disappointed”.

Duda met Prime Minister Beata Szydlo as well as the speakers of the two houses of parliament on Monday afternoon, but no details of their meeting were immediately available.

Duda’s adviser Krzysztof Lapinski told private broadcaster TVN24 the president would not retreat from his decision to veto the measures but that he also saw a need for judicial reform and would come up with his own proposals.

The European Commission last Wednesday gave Poland a week to shelve the reforms, which Brussels says would put courts under direct government control. The United States, Poland’s most important ally in NATO, also expressed concern.

On Monday Germany’s foreign office minister, Michael Roth, welcomed Duda’s veto and said he hoped Warsaw would now ditch the reforms.

The Commission reserved judgment on Duda’s move pending a discussion at its next meeting, on Wednesday. A senior EU diplomat said it was not yet clear whether the amendments that Duda sought would be more than cosmetic.

Opposition groups also welcomed Duda’s veto, but urged him also to reject the third bill, which gives the justice minister the right to dismiss the heads of lower courts. The president signaled that he would approve this bill.

Duda’s vetoes can in theory be overridden in parliament, but this requires a three-fifths majority with at least half of all legislators present, which PiS and its coalition partners are unlikely to be able to muster.

The state news agency PAP quoted the speaker of the upper house Senate as saying there might be an additional sitting of the parliament next week.

Anna Materska, a political scientist at the University of Warsaw, said Duda’s decision to distance himself from a flagship PiS policy after previously appearing closely aligned to the party could be a political watershed.

“What happened required courage, but the president was backed against the wall and had no other option. This is a key moment in the events of the latest months, maybe even years.”

Poland’s political turbulence helped to push its currency, the zloty, to three-month lows against the euro last week. Foreign investors welcomed the news of Duda’s veto on Monday by pushing the zloty up about 0.5 percent.

Reporting by Marcin Goclowski, Pawel Sobczak, Anna Koper, Pawel Florkiewicz, and Anna Wlodarczak-Semczuk; Editing by Kevin Liffey and Gareth Jones

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