The newly constituted National Council of the Judiciary (KRS) does not want the Court of Justice to review its status, nor the activities of the Disciplinary Chamber of the Supreme Court. “Every criterion for independence is impeccably satisfied”, said Jarosław Dudzicz, member of the new KRS, on 14 May in Luxembourg. The Law and Justice government is again employing the rhetorical arguments of “German courts” and “thieves in togas”. A final verdict on the legality of the KRS will come in July at the earliest.

A judge from Łódź wrote critical remarks on the internet about the president of a court nominated by Zbigniew Ziobro, staff shortages in courts, and the promotion by the National Council of the Judiciary of judges “from their side”. Disciplinary spokesman Przemysław Radzik decided that the justice crossed a line by discussing this publicly and has brought disciplinary charges against him.

The head of the national public prosecutor’s office, Bogdan Święczkowski, is seeking to punish prosecutor Piotr Wójtowicz (pictured below) for his presence at a demonstration protesting attacks on the independence of the Supreme Court and National Council of the Judiciary (KRS). Święczkowski is demanding punishment for “political” activity, despite the fact that he himself ran as a candidate of Law and Justice (PiS) in recent elections. The verdict in this case will set a major precedent and will show whether all prosecutors are equal under the law.

This distinction is an important recognition for all rule of law defenders in Poland – the Ombudsman is just one of them – said Dr Adam Bodnar in the Hague

Remarks by Dr Adam Bodnar, Polish Commissioner for Human Rights, on Human Rights and Solidarity at the University of Connecticut (4 April 2019)

The Disciplinary Chamber is populated entirely by justices selected since Law and Justice came to power. In a resolution of 10 April, they declared that the process by which they were appointed was entirely proper. The new members of the Supreme Court are rushing to “legalise themselves” in order to head off the “older” judges, who believe their new counterparts should not be allowed to rule. They were appointed in a faulty process and with the participation of a politicised KRS.

Rights and Values Programme (RVP) fill gaps in the EU’s instruments for protecting the rule of law. Member states must not to be tempted to trade this strategic issue for other, more immediate gains.

Polish judges are again showing the government and the small number of collaborator judges that they will not be broken or be intimidated by disciplinary proceedings.

Polish authorities demand that the European Commission withdraw its complaint since the contested provisions are no longer in force.

Through a reorganization of existing courts and the establishment of new ones, the Ministry of Justice will achieve total control over the entirety of the justice system. The reorganization will put all judges under a microscope and facilitate a far-ranging purge of the courts. There may not be enough places for independent-minded judges in the “new” courts, or perhaps they will be exiled someplace far away from their present posts.