MEDEL

MEDEL issued a statement regarding the Opinion adopted on 13 July 2021 by the Human Rights Committee of the United Nations, under article 5, paragraph 4, of the Optional Protocol, in respect of Communication No. 2844/2016, presented by the Spanish Judge Baltasar Garzón:

MEDEL – Magistrats Européens pour la Démocratie et les Libertés took notice of the Opinion adopted on 13 July 2021 by the Human Rights Committee of the United Nations, under article 5, paragraph 4, of the Optional Protocol, in respect of Communication No. 2844/2016, presented by the Spanish Judge Baltasar Garzón.

EU

Today, September 7th 2021, the European Commission decided to act in order to guarantee the respect of the decisions issued by the Court of Justice of the European Union in defence of the Polish justice system.

The Commission decided to request the CJEU to impose a daily penalty payment on Poland to ensure compliance with the Court's interim measures order of 14 July 2021, requested under Article 279 TFEU, related to the functioning of the Disciplinary Chamber of the Polish Supreme Court and the suspension of further provisions of Polish law affecting judicial independence.

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)

The Platform for an Independent Judiciary in Turkey (Medel, EAJ, AEAJ and Judges for Judges) sent a letter to the Council of Europe and to the EU Commission (DG Justice and DG Enlargement), stating that:

- continues to stand in solidarity behind the unlawfully and illegally detained and/or dismissed Turkish judges and prosecutors;

- strongly urges the European institutions to call on Turkey to provide guarantees and standards for a de iure and de facto independence of the judges and prosecutors as well as to take responsibility to demand so in their various partnerships and relations with Turkey;

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)

MEDEL, European Association of Judges, Association of European Administrative Judges and Judges for Judges have sent today a letter to Ursula von der Leyen, Charles Michel and David Sassoli, stressing the need for an urgent and strong reaction to the recent developments in the Polish Judiciary. You can read the letter below.

Four European Associations of Judges and Prosecutors took notice with great concern of the recent developments in Poland in reaction to the decisions of the European Court of Justice of 15 July 2021 (Case C-791/19) and also of 14 July 2021 in the pending case C-204/21 (regarding the ‘Muzzle law’).

MEDEL

(EN) MEDEL has issued a statement regarding the recent developments in the Polish Judiciary and the decisions of the Court of Justice of the European Union.

(FR) MEDEL a publié une déclaration concernant les récents développements dans le système judiciaire polonais et les décisions de la Cour de Justice de l'Union Européenne.

MEDEL welcomes the two critical European Court of Justice’s decisions delivered last week in the so-called “Polish cases”– order issued on 14th of July 2021 in case C-204/21 and final verdict of one of the infringement procedures – case C-771/19, rendered on 15th of July 2021. Both of these decisions relate to the principle of independence of the judiciary. Under the ECJ’s ruling of 14 July, supplemental to an earlier ECJ ruling of 8 April 2020 (“muzzle law”), the Disciplinary Chamber of the Supreme Court has been found invalid in all cases related to judges – disciplinary and immunity.

In the verdict delivered on 15th of July, ECJ explicitly states that the Disciplinary Chamber does not fulfil the criteria of an independent and impartial court. ECJ also emphasised that Polish disciplinary system of judges fails to guarantee fundamental rights of defendants. Both these decisions confirm the essential European Union’s cornerstone legal principle of independence of justice.

LEX

MEDEL's member association Lex Super Omnia has published a thorough and impressive report (in English) on the methods of repression used in Poland against prosecutors who are members of the association.

MEDEL stands beside all the brave and corageous prosecutors who fight for the Rule of Law in Poland.

Their fight is the fight of all European magistrates.

Monica FrąckowiakMonica Frąckowiak, member of the board of MEDEL, took part on July 13th, 2021, as speaker in the conference organised by the Italian Superior Council "The Crisis of Rule of Law and the Independence of the Magistrature".

MEDELThe Council of Administration of MEDEL, gathered today in Firenze, Italy, and online, unanimously approved a statement on occasion of the anniversary of the attempted coup in Turkey.
MEDEL demands the Turkish authorities:

- To immediately release Murat Arslan and all the unfairly imprisoned Magistrates, Lawyers and other citizens;

- To immediately and fully reinstate all Judges, Prosecutors and Lawyers who were unlawfully dismissed;

- To fully respect the Rule of Law and the independence of the Judiciary.

Council of Administration of MEDEL Medel held today its Council of Administration in Firenze, Italy, and online. 

Among other topics, the situations of Poland, Romania, Bulgaria and Moldova were under analysis.

The Future of Europe between Rule of Law and Social Pillar

On July 9, 2021 MEDEL and its member association Magistratura Democratica organised in Firenze, Italy, the conference "The Future of Europe between Rule of Law and Social Pillar".

The speakers were Elly Schlein, Sophie in' t Veld, Pier Virgilio Dastoli, Giuseppe Bronzini, Cesare Pinelli, Nicole Lazzerini, Gaetano Ruta, Filipe Marques, Monica Frąckowiak, Fausta Guarriello, Gualtiero Michelini e Valeria Piccone.

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