In Poland, the process of flouting and bending our Constitution has been on the rise for several years. The division of powers is being dismantled and the independent judiciary is being destroyed. Human rights are curtailed – former ambassadors write to POTUS

Awareness of the changes in the Polish judicial system implemented by the ruling party, Law and Justice, is growing both domestically and internationally.

Dorota Zabłudowska, a judge at the Gdańsk District Court, has penned an article for Euronews describing how her efforts in defence of an independent judiciary and the rule of law have led to harassment by officials of the ruling Law and Justice party.

The Helsinki Foundation for Human Rights has released its report titled “The Time of Trial”, based on interviews with judges in Poland who explain how changes by the Law and Justice-led government have impacted them in their work.

Poland, arm in arm with Hungary, the Czech Republic and Italy, countries ruled by populists, blocked Frans Timmermans’s candidacy for head of the European Commission for the simple reason that, as the former Commissioner for the Rule of Law, he did his job. Over the last three years, the narrative of the Law and Justice party has portrayed him as a dark figure oppressing Poles in the name of “left-wing ideology” and his own career.

The European Commission has initiated the second stage of proceedings concerning the new disciplinary system for judges in Poland. On the same day, the Commission announced a new packet of measures for the rule of law. The Commission wants to prevent and respond more effectively to infringements of Treaty values in Member States and plans to support NGOs in promoting a rule of law culture. The Polish government is taking a dim view of most of the proposed solutions.

An annual report by the NGO Freedom House summarizes key developments surrounding the independence of the judiciary in 2018. Poland scored 1 out of 4 on this measure.

The forced transfer of acclaimed prosecutor Mariusz Krasoń from the Regional Prosecutor’s Office in Cracow to a lower-ranked office in Wroclaw has generated controversy among prosecutors and other legal professionals in Poland. The decision was issued after the prosecutor Krasoń participated in the drafting of a document highlighting defects in the current system earlier this year. A number of organizations and individuals, including the Polish Commissioner for Human Rights, have expressed their support for prosecutor Krasoń and criticized the decision of the National Prosecutor, Bogdan Święczkowski.

The assemblies of judges of all appellate courts in Poland have no intention of issuing opinions on candidates for judicial posts. They are refusing to cooperate with the new KRS, because the EU Court of Justice will soon rule whether it was established in accordance with EU law. “We have heard the negative opinion of the Advocate General. Common sense dictates that we avoid deepening the legal chaos,” comments Ewa Łętowska

On 15 June 2019 the Polish Ministry of Justice announced on its website that the Ministry would sue a group of lawyers from the Cracow Institute of Criminal Law, who criticized draft amendments to the Criminal Code. The Ministry of Justice argued that the opinion contained lies about the amended rules concerning liability for corruption conducted by managers of public companies. The experts strongly rejected the Ministry’s allegations. On Monday afternoon the Minister of Justice announced that the lawsuit is “no longer needed” and that the Ministry withdrew their idea. The case of “48-hours-lasting lawsuit” touches upon two fundamental issues: academic freedom and the quality of the legislative process.