Tag: judicial independence




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.”

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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.

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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.

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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”

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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

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Freedom House “Freedom in the World” 2019 report ranks independence of the judiciary in Poland

An annual report by the NGO Freedom House summarizes key developments surrounding the independence of the judiciary in 2018. Poland scored 1 out of 4 on this measure.

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Polish judges demand apology from Prime Minister over comparison to Nazi collaborators

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

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AG Tanchev suggests that Poland violated judicial independence

According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually follows its conclusions.

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Judges under special supervision. Report of Association of Judges THEMIS

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.

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The Disciplinary System of Judges Under the Control of the Minister of Justice

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

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