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

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.

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.

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

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.

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

Details of the course of events and the stages of the Constitutional Tribunal capture crisis, supported by contemporaneous press releases, opinions, expert analyses, quoted statements of politicians. Report also includes reactions of Polish and supranational bodies and institutions. In conclusion, the crisis is assessed as violating the principles of the separation of powers and the rule of law.