Tag: judicial independence




Public prosecutor enters the home of a judge fighting for independent courts in Poland

The public prosecutor, assisted by the Central Anti-Corruption Bureau (CAB), entered Judge Beata Morawiec’s house a little after 6 a.m. on 18 September. Threatening to search the house, he took her official laptop containing sensitive data. Judge Morawiec is the president of the Themis association of judges, which defends the courts and criticizes the Minister of Justice, Zbigniew Ziobro.

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18 September 2020


Report: Rule of Law in Poland in 2020

The rule of law in Poland and other member states is important not only for the citizens of these countries, but also for the future of the European project as a club of countries with high-quality democratic institutions safeguarding human rights – says Civil Development Forum (FOR)

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Kaczyński threatens judges in Poland with disciplinary proceedings for court judgments

Jarosław Kaczyński: “there is indeed a problem in Poland with the rule of law, but the main sources of this state of affairs are court judgments contra legem. It is our duty to ensure that these judgments made in conflict with the law are swiftly revoked and the judges who issue them held accountable on disciplinary charges and, consequently, removed from the profession.”

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Safjan on disciplinary proceedings against judges in Poland: “I cannot rule out any negative scenario”

“The involvement of a judge, who speaks up on such public matters related to the rule of law is certainly not a political voice.” Prof. Marek Safjan, judge of the Court of Justice of the EU and retired judge of the Constitutional Tribunal, comments on the reports that the disciplinary commissioners want to prosecute 1,200 judges throughout Poland who signed the letter to the OSCE asking it to oversee the postal presidential elections, which were to be held in May 2020.

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Mass objection of judges: several hundred reported themselves to the disciplinary commissioners

Judges from all over Poland are reporting themselves to the disciplinary commissioners. This is how they are supporting judges from Piotrków Trybunalski, who are being prosecuted for signing a letter to the OSCE, as well as the head of the largest association of judges in Poland, Krystian Markiewicz.

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The Chamber of Labour in the Supreme Court asks the CJEU about the status of the ‘new’ judges and about the ‘muzzle’ law

The Chamber of Labour has asked the CJEU to consider the status of the ‘new’ Supreme Court judges, as well as the bans on judges in the ‘muzzle’ act adopted by PiS. It has also requested the CJEU to consider its preliminary questions under an accelerated procedure

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The United Right’s plan: Take over the media, courts, schools and colleges. Goal: total power

The day after the presidential election, you could hear announcements from the government camp that its national-Catholic revolution will be completed. In the first wave, there will be a reckoning with the free media, and the courts will have their final takeover. The government could also take control of schools and universities

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The suspended Disciplinary Chamber of the Supreme Court is to decide on the immunity of judges on 9 June. The Commissioner for Human Rights writes to the First President of the Supreme Court and to the Prime Minister

In my opinion, each of the two points of the CJEU order is sufficient for the Disciplinary Chamber of the Supreme Court to stop all judicial activity with regard to judges, until the final judgment is delivered by the CJEU or until the safeguard order is amended, Adam Bodnar emphasizes.

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Judges in Poland are being prosecuted for signing a letter to the OSCE regarding the presidential elections

A dozen or so judges from Piotrków Trybunalski and the surrounding area are under threat of disciplinary action for signing a letter to the OSCE. The local disciplinary commissioner who was promoted in court at the time of the PiS government is investigating them

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Kaczyński announces changes in the Supreme Court

This institution needs to be radically changed, including in personal terms. And this is the only conclusion that arises from what is happening there right now. Because the judicial community, especially the Supreme Court, should be a model of civic virtue, said PiS party chairman Jarosław Kaczyński.

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Supreme Courtrule of lawdisciplinary proceedingsjudicial independenceEuropean CommissionDisciplinary ChamberjudgesNational Council of the JudiciaryPolandCourt of JusticeConstitutional TribunalAndrzej DudaZbigniew ZiobroCourt of Justice of the EUpresidential electionsEuropean Unionjudiciaryelections 2020preliminary rulingsdemocracyCJEUMinister of JusticeJarosław Kaczyńskidisciplinary systemCommissioner for Human RightsFirst President of the Supreme CourtAdam Bodnarmuzzle lawIgor TuleyaCOVID-19OSCEdisciplinary commissionerPresidentProsecutor Generalprosecutorsfreedom of expressionLaw and Justiceelectionsacting first president of the Supreme CourtMay 10 2020 electionsWaldemar Żurek2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionConstitutionprosecutionNCJcriminal lawdisciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisEuropean Court of Human RightsPresident of PolandMałgorzata ManowskaJarosław GowinLGBTLGBT ideology free zonesSejmZuzanna Rudzińska-BluszczSylwia Gregorczyk-AbramEuropean Arrest Warrantdemocratic backslidingdecommunizationMateusz MorawieckiPrime Ministerfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz MorawieckiEuropean Association of Judges11 January March in WarsawHungaryNational ProsecutorcoronavirusPiSC-791/19Wojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandLGBT free zonesequalityChamber of Extraordinary Verificationhate crimeshate speechcriminal codeGrzęda v PolandXero Flor w Polsce Sp. z o.o. v. PolandBroda and Bojara v PolandŻurek v PolandSobczyńska and Others v PolandReczkowicz and Others v. PolandRafał Trzaskowskimedia independencemedia lawIustitiaKrystian MarkiewiczPrzemysła RadzikMichał LasotaSenateMarcin WarchołElżbieta KarskaMarcin RomanowskiJacek CzaputowiczPrzemysław Czarneklegislative practiceENAAmsterdam District CourtZbigniew BoniekdefamationcourtsKrzysztof ParchimowiczOmbudsmanBeata MorawiecKraśnikNorwayNorwegian fundsNorwegian Ministry of Foreign AffairsMichał WawrykiewiczFree CourtsC-487/19populismequal treatmentfundamental rightspoliceCT PresidentJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18defamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019repressive actKoen LenaertsharrassmentAlina CzubieniakMinistry of JusticeJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote bill

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