Posts in the category


An independent prosecutor is being harassed in the first disciplinary case resulting from the Thousand Robes March

A disciplinary officer for line prosecutors has initiated disciplinary proceedings against Katarzyna Gembalczyk, one of the leaders of the Lex Super Omnia prosecutors’ association, with a critical stance towards Minister of Justice and Prosecutor General Zbigniew Ziobro. The disciplinary officer is demanding an explanation for why she was dressed in her robe during the Thousand Robes March. “I was performing my duty to defend the rule of law.”

Read More

Legal expert rebukes Polish President for ignorance and bad faith

Respect for the rule of law is one of the key conditions for EU membership. No country can join or remain in the EU without an independent judiciary.

Read More

Gersdorf makes her move. Three Supreme Court chambers to rule on dodgy judicial nominations

On 23 January, a panel composed of three chambers of the Supreme Court will decide whether judges nominated by the new, politicized National Council of the Judiciary should be allowed to adjudicate. The “legacy” justices of the Supreme Court in the Civil, Criminal, and Labour Law chambers were asked by First President of the Supreme Court Małgorzata Gersdorf to rule on the issue. Their resolution will be binding on the Supreme Court.

Read More

Prof. Marc de Werd: Standing up for justice and the justice system is a shared responsibility of European citizens

As far as I can remember, this is the first time that judges from the Netherlands have joined a silent march at all. Marching together with other judges from Europe in another country is unique. And I know it is politically sensitive. It emphasizes how much we are worried about what’s going on in Poland and elsewhere in Europe,” a senior judge of the Amsterdam Court of Appeal explained his reasons for joining Polish colleagues in a silent protest in Warsaw against curbing the independence of judges in Poland.

Read More

Polish President doing his best to attack every judge and lawyer in Europe

“I feel ashamed when I see that the First President of the Supreme Court can say such things about Poland. Ashamed that someone like that was ever appointed to that office. Thankfully, this will soon change.” This is how Polish President Andrzej Duda referred on government-controlled TVP to the First President of the Supreme Court, professor Małgorzata Gersdorf

Read More

Deans of the faculties of law of 13 universities in Poland condemn the proposed changes into judiciary

According to the deans of law departments of 13 universities around Poland, the bill submitted to the Sejm by Law and Justice unconstitutionally restricts the fundamental rights and freedoms of judges, as citizens of the Republic of Poland, and introduces disciplinary liability of judges for their judicial activity which is in compliance with the applicable law

Read More

Further repressions against justices for posing question of law to Supreme Court

Disciplinary officer Przemysław Radzik has brought disciplinary charges for violating the dignity of the office of judge and accused two justices of abuse of power for implementing a CJEU verdict. This is punishment for their courage in querying the legality of the new National Council of the Judiciary (NCJ) and of the judges promoted by it. Radzik is also seeking to suspend both judges.

Read More

First President of the Supreme Court: It is not the judges who are destroying and anarchising the Polish State. It is the political power

The First President of the Supreme Court prof. Małgorzata Gersdorf in a powerful open letter asks Polish authorities that the hatred of judges and courts stops being used as a weapon in the struggle for power.

Read More

National Prosecutor demanding that prosecutors snitch on independent judges

A letter from National Prosecutor Bogdan Święczkowski to line prosecutors represents the opening of another front in Law and Justice’s fight to put a choke hold on the independence of the justice system.

Read More

PiS’ night-time attack on the independence of the courts in Poland and on the CJEU judgment. The new bill, point by point

A bill appeared on the Sejm’s website during the night of 12–13 December, prohibiting judges from doing anything that is not in line with the Law and Justice party’s (PiS’) thoughts. It introduces the whims of Ziobro’s ministry and Przyłębska’s Constitutional Tribunal – instead of the Constitution and European law. Fear of PiS – instead of judicial dignity. This is how Poland is to be if this bill is enacted

Read More

Tags

rule of lawSupreme Courtdisciplinary proceedingsCourt of JusticeNational Council of the JudiciaryEuropean CommissionDisciplinary Chamberjudicial independenceConstitutional TribunaljudgesEuropean UnionMinister of JusticeAndrzej DudajudiciaryPresidentpreliminary rulingsProsecutor GeneralCJEUZbigniew Ziobro2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice Commissionprosecutorsdemocratic backslidingdecommunizationfreedom of assemblyLaw on the NCJrecommendationFirst President of the Supreme CourtAdam BodnarHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportdemocracyZiobroConstitutionfreedom of expressionprosecution11 January March in Warsawmuzzle lawpopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJulia PrzyłębskaJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18PM Mateusz Morawieckidefamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskiLaw and JusticejudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019European Association of JudgesNCJrepressive actCourt of Justice of the EUKoen Lenaerts