WARSAW (Reuters) - Poland's president asked a contested top court on Friday to decide whether reform of a body that appoints judges is constitutional, effectively blocking legislation the government says is key to restoring the rule of law.
Since coming to power in December, Prime Minister Donald Tusk's pro-European coalition has been mired in conflict with President Andrzej Duda over various bills that aim to undo reforms implemented by the previous nationalist administration that critics say undermined judicial independence.
The decision to send the bill on the National Council of the Judiciary (KRS) to the Constitutional Tribunal, a chamber which critics say is itself emblematic of the politicisation of the courts under the previous Law and Justice (PiS) government, is just the latest example of the hurdles facing judicial reform.
Duda is a PiS ally and has opposed the Tusk government's reforms, arguing that it is unconstitutional to challenge the legitimacy of judicial appointments approved by the president.
As president, Duda can sign bills into law, veto them, or send them to the Constitutional Tribunal.
"The analysis of the adopted act shows that the provisions of the act raise doubts as to the violation of constitutionally protected values," Duda said in his submission to the Tribunal.
Under the Tusk government's planned reform, 15 members of the KRS would be elected by judges rather than by parliament, as they have been since PiS changed the regulations in 2017.
The reform also envisages preventing people who became judges under the contested system introduced by PiS from running to become members of the new KRS.
"It is certainly no surprise that the president did not sign it, most people expected a veto," said Deputy Justice Minister Arkadiusz Myrcha, adding that he expected the Constitutional Tribunal to assess the bill that was in line with PiS's views.
It was not immediately clear what the government might do in such a case, but Poland holds a presidential election next year and Duda is barred from seeking a third term.