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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“Existential Judicial Review” in Retrospect, “Subversive Jurisprudence” in Prospect: The Polish Constitutional Court Then, Now and … Tomorrow

The symbolic jurisprudence and the rule of law will never be wiped out entirely as long as judicial review and the Constitution will be reinforced by the ordinary courts, and as long as citizens do not forget about the institution they used to call “Polish Constitutional Court”. Once the ordinary judges fail the test, and cave in to the political pressure, and the citizens forget, subversive jurisprudence will indeed reign supreme

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Six bold resolutions of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw of 20 September 2018

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw points out that the method of forming a part of the membership of the National Council of the Judiciary through the appointment by the Sejm of 15 judges gives rise to serious reservations as to its compliance with the Constitution of the Republic of Poland and EU standards

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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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Poles agree: EU Court of Justice has the right to stop illegal judiciary reform [POLL]

According to the latest poll, majority of Poles believe that the Court of Justice of the EU is entitled to stop Law and Justice’s judiciary reform if it concludes that the EU rules have been violated. The Polish people widely support firm actions by the Court against the right-wing government

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An open letter in defense of the Chief Justice of the Supreme Court of Poland Professor Małgorzata Gersdorf

We firmly hold the view that Professor Małgorzata Gersdorf is the only lawful and legitimate incumbent of the office of Chief Justice until 30 April 2020, i.e. until the end of her constitutionally designated term of office

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Devastation of Poland’s Supreme Court and judicial independence: the situation in July 2018

Following initiation of infringement procedure by the EC, the ruling majority made a deliberate effort to take over the Supreme Court in July 2018, before the EU Court of Justice had a chance to assess the law on the Supreme Court.

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