Senat uchwalił nowelę o KRS. Ustawa trafi do prezydenta Nawrockiego

The Polish Senate has approved a controversial overhaul of the National Council of the Judiciary (KRS), sending the legislation to President Karol Nawrocki for his consideration. The vote, held on Friday, followed a prior attempt to reject the bill which failed to gain majority support.

A Shift in Power Dynamics

The new legislation aims to fundamentally alter the composition of the KRS, shifting the selection of its 15 judicial members from the Sejm (parliament) to direct and secret elections organized by the National Electoral Commission and involving all judges. According to the Ministry of Justice, this change is intended to remove political influence from the Council and restore its independence.

Did You Know? The first attempt to reform the KRS by the current governing coalition was struck down by the Constitutional Tribunal in November 2025, after being referred by then-President Andrzej Duda.

The revised KRS will be designed to include representation from all levels and types of courts, including common, military, Supreme, and Administrative courts. Eligibility for candidacy requires at least 10 years of judicial experience, with a minimum of 5 years spent in the court where the candidate currently serves. All judges will have the right to vote in the elections.

Previous Attempts and Current Opposition

This latest effort to reform the KRS represents the second attempt by the current coalition government. A previous reform, prepared under former Justice Minister Adam Bodnar, was passed in the summer of 2024 but ultimately deemed unconstitutional by the Constitutional Tribunal.

The debate surrounding the bill has been highly charged. Dariusz Mazur, Deputy Minister of Justice, argued that the changes are necessary to restore the rule of law, alleging a “structural destruction” of the justice system since 2015. He cited actions taken by the previous government and former Justice Minister Zbigniew Ziobro, including the interruption of judges’ constitutional terms and the implementation of what he termed a “gag law.”

Expert Insight: The proposed changes represent a significant attempt to address concerns about the politicization of the judiciary, a recurring theme in Polish politics. The shift to judge-led elections could potentially insulate the KRS from direct political interference, but the long-term effects on the balance of power within the judicial system remain to be seen.

Senator Marek Pęk of PiS (Law and Justice party) strongly criticized the bill, predicting it would not be enacted and asserting that President Nawrocki would not sign it into law. He characterized the legislation as a return to the pre-2015 status quo and accused the current government of attempting to restore the rule of law “with a crowbar,” claiming the public would hold them accountable.

Frequently Asked Questions

How did the Senate vote on the bill?

52 senators voted in favor of the bill without amendments, while 28 opposed it. No senators abstained from the vote.

What was the outcome of the PiS motion to reject the bill?

The motion to reject the bill failed, with 28 senators voting in favor and 51 against. No senators abstained.

What happens next with the legislation?

The bill will now be sent to President Karol Nawrocki for his signature. It is possible he will sign it into law, veto it, or refer it to the Constitutional Tribunal for review.

Will President Nawrocki sign the bill into law, or will the legislation face further challenges?