Tag: disciplinary proceedings

On Tuesday, 18 June 2019, the European Court of Justice considered two preliminary requests submitted by courts in Łódź and Warsaw. Both courts are concerned whether the new system of disciplinary proceedings against judges meets EU standards, particularly those enshrined in the principle of effective judicial protection. However, the hearing was mainly focused not on particular provisions of law questioned by the Polish courts, but on the admissibility of the questions these courts referred to the ECJ.

Remarks by Dr Adam Bodnar, Polish Commissioner for Human Rights, on Human Rights and Solidarity at the University of Connecticut (4 April 2019)

The assertion presented by the media, that the sole objective of the so-called ‘great reform of the justice system’ lies in a one-off replacement of judicial personnel with a view to replace the key judicial office holders by those subordinated to the Minister of Justice is an overlyoptimistic simplification of matters. The authors of the ‘reform of the justice system’ were far more ambitious.

In the last few months, the use of the new disciplinary procedures has become increasingly bald-faced. Increasingly, the authorities do not appear to be ashamed of their real motives, which are unabashedly political’ – writes prof. Piotr Mikuli at I-CONNECT.

Through the Act of 8 December 2017 on the Supreme Court, drafted by the President of the Republic of Poland Andrzej Duda, the Law and Justice party has made radical changes in the system of judges’ disciplinary responsibility

Today, the European Commission has launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new disciplinary regime for judges. The Polish government has 2 months to reply.

In the report published on 20 March 2019 by the Stefan Batory Foundation in cooperation with the European Stability Initiative, the two organisations discuss the state of rule of law in Poland. The authors argue that the EU should use its most effective tool to defend the rule of law and lodge another complaint to the Court of Justice of the EU

Judge Alina Czubieniak did not agree for an intellectually disabled illiterate boy without a defence attorney to be held in custody. Minister Ziobro did not like her judgment, because the local press was roaring that the judge had released a ‘paedophile’. The minister wanted the judge to receive a disciplinary penalty and the new Disciplinary Chamber of the Supreme Court has just punished the judge for her verdict

On 19–21 September 2018, a delegation of the LIBE Committee of the European Parliament visited Warsaw to examine the rule of law in Poland. In follow-up to that mission, LIBE Coordinators held a public hearing with external experts and stakeholders during the Committee meeting of 20 November 2018 in Brussels. Adam Bodnar took part in the public hearing. He spoke about judicial reforms in Poland and the threats to the rule of law

Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018