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REPORT of the Stefan Batory Foundation Legal Expert Group on the impact of the judiciary reform in Poland in 2015-2018

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.

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3rd European Commission Report on rule of law in Poland: it’s getting worse

The report contains Commission’s position for the hearing of Poland before the Council of the EU on 11 December 2018. Commission maintains that Poland does not comply with its recommendations concerning the rule of law. The recent amandment to the law on Supreme Court is seen as a positive development. But other problems remain

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Position of the Stefan Batory Foundation Legal Expert Group on the amendment to the law on the Supreme Court adopted on 21 November 2018

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.

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Freedom House Report “Nations in Transit” 2018 – a dramatic decline of Poland’s Democracy Score

The report “Nations in Transit” published yearly by Freedom House analyses key factors of democratic rule in the post-communist countries in Europe and Central Asia. In the 2018 edition, Poland recorded the largest category declines and the second-largest Democracy Score decline in the history of the Report

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Position of the Stefan Batory Foundation Legal Expert Group on the procedure for selecting Supreme Court judges

Unconstitutional selection panel, unconstitutional and unreliable selection procedure and lacking candidates taking part in the gross betrayal of the values underlying legal professions.

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Functioning of the Constitutional Tribunal 2014-2017 – Report of the Stefan Batory Foundation Legal Expert Group

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.

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Iustitia Association of Polish Judges answers to the White Paper prepared by the Polish government

This response to the White Paper compendium presented by the Government of the Republic of Poland to the European Commission was prepared by the Polish Judges Association “Iustitia”, together with a team of experts, in order to present a realistic picture of the reforms of the Polish justice system, which have been made in Poland over the last two years.

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Freedom House Report “Nations in Transit” 2017 – Poland’s democracy score declines

The report “Nations in Transit”, published yearly by Freedom House, analyses key factors of democratic rule in post-communist countries in Europe and Central Asia. The report’s 2017 edition shows a clear decline of democracy in Poland. The country was doing worse in the fields of National Democratic Governance, Judicial Framework and Independence, Independent Media, Civil Society and Local Democratic Governance

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Poland: Independence of public service media – report by ARTICLE 19 and Helsinki Foundation for Human Rights

ARTICLE 19 and HFHR find that freedom, independence and pluralism of the media are under severe threat in Poland. The new legislation and administrative actions related to media companies and personnel restrict freedoms and increase or introduce political or executive branch control over National Media Council, media expression and management of media companies. Only international pressure has momentarily slowed down further government capture of independent media.

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2nd European Commission recommendation on the rule of law in Poland

On 21 December 2016, the European Commission decided to issue a second Rule of Law Recommendation. The Commission consideres that whereas some of the issues raised in its last Recommendation of 27 July 2016 have been addressed, important issues remain unresolved, and new concerns have arisen in the meantime

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