Posts in the category
Attacking Judicial Independence Through New “Disciplinary” Procedures in Poland
In the last few months, the use of the new disciplinary procedures has become increasingly bald-faced. Increasingly, the authorities do not appear to be ashamed of their real motives, which are unabashedly political’ – writes prof. Piotr Mikuli at I-CONNECT.
Prosecutor’s attempt to suppress freedom of speech [L.Balcerowicz’s statement]
Prosecutor Bogdan Święczkowski announces the doctrine of infallibility of the Ziobro-Święczkowski prosecutor’s office.
The Powerlessness of the Rule of Law: Labels as Decorum
The rule of law reigns in Poland, but does not necessarily govern. And reigning without governing means powerlessness – writes Ewa Łętowska.
The Disciplinary System of Judges Under the Control of the Minister of Justice
Through the Act of 8 December 2017 on the Supreme Court, drafted by the President of the Republic of Poland Andrzej Duda, the Law and Justice party has made radical changes in the system of judges’ disciplinary responsibility
Polish Ombudsman at the Public Hearing on the situation of Poland’s rule of law
On 19–21 September 2018, a delegation of the LIBE Committee of the European Parliament visited Warsaw to examine the rule of law in Poland. In follow-up to that mission, LIBE Coordinators held a public hearing with external experts and stakeholders during the Committee meeting of 20 November 2018 in Brussels. Adam Bodnar took part in the public hearing. He spoke about judicial reforms in Poland and the threats to the rule of law
Judges ask Commission to intervene in disciplinary proceedings. Only CJEU can stop repressions
Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018
From Constitutional to Political Justice: The Tragic Trajectories of the Polish Constitutional Court
The Polish Constitutional Court, once a proud institution and an effective check on the will of the majority, is now a shell of its former self
Disciplinary proceedings against judges and prosecutors
Since 2015, Poland has been facing an ongoing constitutional crisis which affects the work and position of the judiciary. The numerous legal changes concerning the work of the courts (from top-rank courts such as the Constitutional Tribunal and the Supreme Court to common courts) as well as prosecution were accompanied by smear campaigns and attacks against judges and certain prosecutors.
The rule of law in Poland Actions by EU institutions and unaddressed recommendations of the European Commission
Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.
Violations of the rule of law principles in Poland despite recent amendments
The Supreme Court has not been the sole judicial institution under attack by the ruling majority. Since November 2015 the PiS has been increasing political control over other key bodies of the system, including the Constitutional Tribunal, the prosecution, the National Council of Judiciary, and ordinary courts.