Tag: judges

“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.

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.

While the freedom of expression of public officials can be sometimes restricted with a view to protecting the impartiality and independence of institutions, in the event of a breach of the rule of law, judges and prosecutors can be seen as having a moral duty to speak out – says the report.

Awareness of the changes in the Polish judicial system implemented by the ruling party, Law and Justice, is growing both domestically and internationally.

Prime Minister Mateusz Morawiecki compares current judiciary reforms in Poland to legal cleansing in France after the Second World War

Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.

Since 2015, Poland has been facing an ongoing constitutional crisis which affects the work and position of the judiciary. The numerous legal changes concerning the work of the courts (from top-rank courts such as the Constitutional Tribunal and the Supreme Court to common courts) as well as prosecution were accompanied by smear campaigns and attacks against judges and certain prosecutors.

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

There are times when history goves us a choice, write Polish NGOs to President Andrzej Duda