MEDEL

Tomorrow we shall face another stage of dismantling of the rule of law in Poland.

The Disciplinary Chamber of the Supreme Court, disabled by CJEU decision of 8 April 2020, will nonetheless consider the motion of politically driven prosecution to allow pressing criminal charges against judge Tuleya. The only “crime” of judge Tuleya is that he adjudicated against expectations of the ruling party by ordering to continue investigation into irregularities in voting in the parliament and making the hearing in this case public.

MEDELMEDEL has sent a letter to EU Commissioners Vera Jourova and Didier Reynders, about the disciplinary proceedings against Polish Judge Igor Tuleya, demanding an immediate action from the European Commission:

To Her Excellency Ms. Vera Jourová, European Commissioner of Values and Transparency and His Excellency Mr. Didier Reynders, European Commissioner of Justice.

Your Excellencies, While the whole legal community in Europe welcomed the European Court of Justice’s decision of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges, Polish authorities openly ignore it.

MEDEL

MEDEL welcomes the decision of the European Court of Justice of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.

The court pointed out that the fact that the independence of the Sąd Najwyższy may not be guaranteed is likely to cause serious damage to the EU legal order, to the citizens’ rights and to the values set out in Article 2 TEU, on which the EU is founded, in particular the rule of law. Consequently, the application of the national provisions at issue, in as much as they confer jurisdiction for ruling in disciplinary cases concerning judges of the Sąd Najwyższy and of the ordinary courts to a body, namely the Izba Dyscyplinarna, whose independence might not be guaranteed, is likely to cause serious and irreparable harm to the EU legal order.

MEDELLast months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.

These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.

MEDEL

MEDEL welcomes the decision of the European Commission announced on January 14th, 2020, requesting the European Court of Justice to apply Interim Measures in the infringement procedure regarding the disciplinary regime for Polish judges. 

The situation in Poland significantly deteriorated over the last months, with new laws intended to further weaken judicial independence and to effectively forbid the implementation of ECJ rulings in Poland.

MEDEL

MEDEL welcomes the decision of the European Commission announced on January 14th, 2020, requesting the European Court of Justice to apply Interim Measures in the infringement procedure regarding the disciplinary regime for Polish judges. 

The situation in Poland significantly deteriorated over the last months, with new laws intended to further weaken judicial independence and to effectively forbid the implementation of ECJ rulings in Poland.

Protest march in WarsawMEDEL was present in Warsaw on January 11th, 2020, in the march for the independence of the Judiciary, that gathered more than 25000 people and stretched for 4km.

MEDEL actively participated and had intervention in the press conference before the march.

It was an impressive demonstration of belief in the fundamental values of the Rule of Law and a clear sign to all national and European authorities that those values are at the heart of the European Union and that citizens will never cease fighting for their protection.

MEDEL

MEDEL has signed an open letter about the recent attacks on judges and the independence of the Judiciary in Poland and asking for the adoption of interim measures by the European Court of Justice. The statement is below.

For more than four years, MEDEL has been observing the process of deterioration of the rule of law in Poland. During this time, MEDEL has repeatedly called upon Polish authorities to stop this process, to restore the principle of separation of powers and to ensure the independence of the judiciary.

Our calls remained unanswered. The Government of Poland as well as the President of Poland ignore the appeals of the international community, the verdicts of the European Court of Justice, the verdicts of the Polish Supreme Court and the verdicts of the Polish Supreme Administrative Court. Moreover, the “reforms” in contrary to both – domestic and international law – continue, and all those trying to implement aforementioned rulings, become the subject of a ruthless “disciplinary” regime, become criminals in their own country. The only objective of the Polish government is to reduce the independent judiciary and transform it to yet another strong arm of the executive.

MEDELOn November 19th, 2019, the European Court of Justice delivered a significant decision in a series of “judicial independence” verdicts, initiated with the case Associação Sindical dos Juízes Portugueses v Tribunal de Contas (C- 64/16).

The judgment was delivered on three preliminary questions (C-585/18, C-624/18 and C-625/18) referred by the Labour Law and Social Security Chamber of the Polish Supreme Court and The Supreme Administrative Court.

MEDEL

MEDEL wishes to express its serious concern over the recent developments within the Bulgarian judicial system, in face of the sharp increase in inroads into the independence of the judiciary, through attacks against individual judges and through reform proposals aimed at limiting their freedom of association.

Freedom of speech, that must be ensured everywhere even with regard to criticism directed at judicial decisions, does not give cover to the public allegations addressed by political and institutional actors against the judges of the Sofia Court of Appeal, stating that they would have acted with goals not related to justice when releasing on parole an Australian citizen, and their repeated exposure in the media and in political rallies.  These actions risk instead to cause serious harm to the legitimacy of judicial institutions, by an unacceptable exploitation of the highly emotionalised public reaction to a criminal case.

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