Tag: rule of law




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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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This is madness. Ziobro’s disciplinary commissioner wants to prosecute 1,278 judges in Poland at once!

Przemysław Radzik’s letter to the local disciplinary commissioners at the district and appellate courts shows that Ziobro’s people are heading for a total attack on defiant judges. This is because such record-breaking disciplinary action is absurd and will be extensively commented on in the EU.

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Two scenarios for the rule of law in Poland after the presidential elections

Independence of the judiciary and the rule of law have been almost completely absent from the presidential campaign in Poland. But the result of the elections will fundamentally affect these areas. We discuss two scenarios: if the incumbent president Andrzej Duda wins, and if his challenger Rafał Trzaskowski wins.

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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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Call to Jourová and Reynders: act to save democracy in Poland

Dozens of EU and constitutional law professors and associations of judges and prosecutors urge the European Commission to act and to prevent irreversible changes that will de facto exclude Poland from the circle of European legal culture and western democracy

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Wyrzykowski: 5 lessons from the constitutional reality in Poland and Hungary

“Thou shalt not be indifferent. The ghost of an authoritarian state stands at the door of your home. It will not knock on the door. It will come in uninvited. And it will stay a long time.” – reminds professor Mirosław Wyrzykowski, former judge of the Constitutional Tribunal of Poland and an outstanding legal authority

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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 of expression of judges and prosecutors: UNHRC report

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.

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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 Unionjudiciarydisciplinary systemelections 2020preliminary rulingsdemocracyCJEUMinister of JusticeJarosław KaczyńskiCommissioner for Human RightsFirst President of the Supreme CourtIgor TuleyaAdam Bodnarmuzzle lawCOVID-19OSCEdisciplinary commissionerPresidentProsecutor Generalprosecutorsfreedom of expressionLaw and Justiceelectionsacting first president of the Supreme CourtMay 10 2020 electionsEuropean Court of Human RightsWaldemar Żurek2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionConstitutionprosecutionNCJcriminal lawdisciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisPresident 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-487/19Article 6 ECHRArticle 10 ECHRpopulismequal 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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