Venice Commission opinion on the “muzzle law”
“The amendments of December 2019 diminish judicial independence and put Polish judges into the impossible situation of having to face disciplinary proceedings for decisions required by the ECHR, the law of the European Union, and other international instruments.”
Incredible official position of the Ministry of Justice regarding the opinion of the Venice Commission
We publish the translation of the opinion published on the Ministry of Justice website for consideration of Rule of Law in Poland readers. This is of course not endorsement.
“We nominated them”. Did Minister Ziobro accidentally reveal who supported the judges to the NCJ?
“We nominated such judges who we believed were ready to work on the reforms of the judiciary,” said Zbigniew Ziobro in the Senate.
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.
Judges under fire: 43 judges already targeted by disciplinary officer and prosecutors
More than 40 judges are being targeted by people loyal to Minister of Justice Zbigniew Ziobro for their rulings, defence of judicial independence, meetings with citizens, criticism of “good change”, or implementation of CJEU judgments. 2019 was a difficult year for judges, in which Law and Justice (PiS) sought to break their resistance through repressions. What follows is a list of the persecuted judges.
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.
President of the European Association of Judges: The recent law reforms in Poland will annihilate the independence of the judiciary
President of the European Association of Judges, José Igreja Matos, explains why he and other judges will join his Polish colleagues in a silent protest in Warsaw on 11 January against the planned curbs on judicial independence. “The decay of the rule of law in Europe is demanding a more public intervention from us, from European judges”
Minister Ziobro: “Speaker of the Senate breached the Constitution by inviting the Venice Commission”. He did not breach it
“Representatives of the Ministry of Justice can meet with the representatives of the Venice Commission, treating their arrival a little like a quasi-private visit,” said Zbigniew Ziobro in TV Trwam on 8 January. The minister is of the opinion that the invitation of the Commission to Warsaw by the Speaker of the Senate, Tomasz Grodzki, was an abuse. The facts speak differently
Commissioner for Human Rights: “Repression” Act strikes at citizens. The Senate should reject it.
It breaches the constitution and violates the basic principles of the Polish legal order. It is in conflict with Poland’s obligations to the European Union, it strikes at the guaranteed protection of the European Convention on Human Rights. In the Senate, Adam Bodnar tore the “Repression” Act that is being forced through by Law and Justice to shreds
The Disciplinary Chamber of the Supreme Court as an exceptional court
The Disciplinary Chamber satisfies features of an exceptional court, despite its nominal inclusion in the structure of the Supreme Court. As a result, fundamental doubts arise as to whether the rulings issued by this chamber are judicial decisions in the meaning of the Constitution – argues prof. Włodzimierz Wróbel (Jagiellonian University)
Two scenarios for the rule of law in Poland after the presidential elections
Strasbourg Steps in
Disciplinary proceedings for Judge Żurek. Two hearings in one day
An appeal to the presidential candidates for changes in Polish law allowing to combat homophobic hate crimes
The Chamber of Extraordinary Verification repeals the resolution of the National Council of the Judiciary, citing EU law