According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually follows its conclusions.
The European Commission has launched a reflection process on the rule of law in the EU and setting out possible avenues for future action. It outlined three pillars which could contribute to further the effective enforcement of the rule of law in the Union: better promotion, early prevention and tailored reposnse
Today, the European Commission has launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new disciplinary regime for judges. The Polish government has 2 months to reply.
In the annual report of the US Department of State on observance of human rights in, the American lawmakers state that during the year 2018 the Polish government continued to implement and introduce new measures related to the judiciary that drew strong criticism from some legal experts, NGOs, and international organizations. Some claim that the government’s measures limited the scope of judicial independence
The Justice Defence Committee (KOS) published a report entitled “A country that punishes. Pressure and repression of Polish judges and prosecutors”. The main objective of the report is to present how new disciplinary mechanisms in the judiciary and public prosecution service are being used as tools of political pressure and intimidation.