In the report published on 20 March 2019 by the Stefan Batory Foundation in cooperation with the European Stability Initiative, the two organisations discuss the state of rule of law in Poland. The authors argue that the EU should use its most effective tool to defend the rule of law and lodge another complaint to the Court of Justice of the EU
The measures adopted by the ruling majority, the Government and the President appear to intend to ensure that the executive and legislative branch can take control of the judiciary and as such they raise serious concerns about the separation and independence of courts in Poland.
Batory Foundation Legal Expert Group concludes that nothwitstanding the positive direction of the Amendment Act on the Supreme Court, it is primarily an instrument to obtain desired effect in the negotiations with the EU.
Based on Constitutional Tribunal own data, the report highlights significant drop of CT proceedings in 2017. In addition, the adjudicating panel selection and disqualification motions justify concerns about the possibility of the current CT management using its powers to achieve a specific decision on the merits.