The Helsinki Foundation for Human Rights expresses its adamant objection to the bill presented by a group of MPs introducing voting by post in the general election to the office of President of the Republic of Poland in 2020.

Jarosław Kaczyński wants to organize the presidential elections in Poland in May at all costs. Law and Justice deputies have just submitted a bill to allow all Poles to vote by post. If local governments refuse to cooperate, will the army and the police help to organize elections?

 At the beginning of April, the CJEU will consider the European Commission’s request to suspend the Polish Supreme Court’s Disciplinary Chamber. The Grand Chamber is aware of and concerned about the situation of judges subjected to harassment via disciplinary proceedings, as well as the threats of even harsher repressions in the “Muzzle Law.” In addition, the CJEU will respond to a number of preliminary questions submitted by Polish courts.

The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.

The unprecedented decision shows that a court in Germany does not trust that a process brought against a Polish citizen in Poland will be conducted with respect for the fundamental right to a fair trial. This is not an expression of distrust towards Polish judges, but rather towards the system built by the ruling majority. The straw that broke the camel’s back was the system of disciplinary liability and the Muzzle Law.

Authorities want to waive judge Igor Tuleya’s immunity and press criminal charges against him. He would be the first judge to be punished under the infamous muzzle law passed despite domestic and international outcry. Now academics in Poland salute brave judge and express their solidarity with his firm stance in defense of rule of law in Poland

“The big political groups are basically speaking with one voice when it comes to the rule of law and Poland. In this sense the Polish government and its MEPs are isolated,” says Slovak MEP Michal Šimečka. He emphasises, however, that the ultimate fate of Polish democracy rests in the hands of Polish voters.

“I fully subscribe to the conclusion of the urgent opinion of the Venice Commission of 16 January 2020, that these amendments diminish judicial independence,” writes the President of the Group of States Against Corruption (GRECO) at the Council of Europe. Marin Mrčela appeals for revision of the “muzzle law.”

“Justice under pressure – repressions as a means of attempting to take control over the judiciary and the prosecution in Poland in 2015-2019” report was prepared by the Association of Polish Judges “Iustitia” and association of prosecutors “Lex Super Omnia”

The National Prosecution Office has applied for the waiver of Judge Igor Tuleya’s immunity because he ordered an investigation into the Law and Justice vote in the Sejm’s Column Hall. Tuleya will be the first judge to whom the muzzle act will be applied. Because the illegal Disciplinary Chamber will make a decision as to his immunity.