SOLIDARITY, NEWS AND STATEMENTS ABOUT POLAND
We gathered in this page all the links referring to declarations of solidarity, news and documents concerning the situation in Poland
Friday, May 12th 2023
The EAJ Board signed a letter to express strong concern in connection with the Polish Government’s refusal to enforce particular judgements of the European Court of Human Rights.
The letter was sent to the Committee of Ministers of the Council of Europe.
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Friday, April 21st 2023
The Court of Justice of the European Union and Poland
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Thursday, Feb 2nd 2023
Reply of Commissioner Reynders on the Statement on Poland
The European Commissioner of Justice, Mr. Reynders, sent a reply to the statement, signed by the 4 European Associations of Judges and Prosecutors, in support of Polish Judges.
Hereinafter the reply: Reply
Hereinafter the previous news: Poland: statement of the Platform (iaj-uim.org)
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Wednesday, Sept 21st 2022
IAJ Judicial Independence award to the President of the Polish Association of Judges, Krystian Markiewicz
On 21st September 2022, during the closing ceremony of the 64th annual meeting of the IAJ in Tel Aviv, our Polish colleague, Krystian Markiewicz, President of the Polish association of Judges, was awarded the IAJ judicial independence prize, for his fight in defence of judicial independence.
On the same day the Judicial Independence award was given to Guatemalan Judge Erika Aifan and to our Turkish colleague Murat Arslan.
Hereinafter:
– his speech to the Assembly;
– the video.
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Tuesday, August 30th 2022
Mr. Trajan Shipley published an article regarding the four major European associations of judges (EAJ, MEDEL, AEAJ and Judges for Judges). They lodged an unprecedented and historical action for annulment pursuant to Article 263 TFEU, challenging the Council’s Implementing Decision approving the Commission’s positive assessment of Poland’s Recovery and Resilience Plan (RRP).
Hereinafter you can find the full article: Article
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Sunday, August 28th 2022
Eaj lodges a lawsuit with the Court of Justice of the EU over the decision of the EU Council to unblock Recovery and Resilience Funds.
Hereinafter the Press Releases, in different languages, concerning a lawsuit against the EU Council over its decision to unblock Recovery and Resilience funds.
The lawsuit has been lodged today before the Court of Justice of the European Union for Poland.
Press release (English)
Press release (French)
Press release (Italian)
Press release (German)
Press release (Spanish)
Press release (Portuguese)
Press release (Polish)
Press release (Croatian)
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Wednesday, June 8th 2022
Today the Platform, represented by the Presidents of the 4 main European Associations of Judges (Association of European Administrative Judges, AEAJ; the European Association of Judges, EAJ; Judges for Judges and Magistrates Européens pour la Démocratie et les Libertés, MEDEL), sent a letter to the french presidency, regarding the situation in Poland.
Hereinafter the letter: in English and French
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Monday 30 of May 2022
Today a statement of the Platform in support of the Polish judges letter and the Polish judges letter of five associations of Polish judges, were spread to the members of the EAJ group and to relevant international and European authorities:
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Friday, May 13th 2022
On the occasion of recent developments in Poland where Polish Parliament “Seim” decided to renew the mandate and elect a new National Council of the Judiciary, the Board of the EAJ, issued a statement.
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Monday , May 9th 2022
On May 26-27, 2022, an International Conference will take place at the University of Silesia, in Poland: in Katowice (first day) and the Jagiellonian University (second day).
The title is :”THE IMPACT OF COVID-19 PANDEMIC ON THE JUSTICE SYSTEM. CASE STUDY AND SUGGESTED SOLUTIONS“. . The Conference is organized as part of a project conducted by the University of Silesia Interdisciplinary Center for Judicial Studies.
Among the Conference partners is SPP “Iustitia” , our Polish member.
The Conference will be attended by foreign grant partners and experts (Vilnius University, Law School of the Taras Shevchenko National University of Kyiv, Compultense University in Madrid, University of Bergen) . The President of the IAJ, Mr José Igreja Matos will attend, as well.
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Monday, May 2nd 2022
The EAJ assembly, gathered in Porto (Portugal) on April 29, 2022, adopted a declaration on Poland.
You can find the declaration here: Declaration
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Saturday 30 of April 2022
On April 29th, the IAJ received a letter from Vice-President Věra Jourová in reply to an EAJ statement concerning a case of disciplinary liability of judges in Poland.
Hereinafter the letter: Letter
Hereinafter the link to the news on the Statement: Statement on Poland (iaj-uim.org)
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Thursday, Mar 31st 2022
The March of a Thousand Gowns two years later
On 30th March 2022 the President of the IAJ, Mr. José Igreja Matos and the President of the EAJ, Mr. Duro Sessa, attended the event “The March of a Thousand Gowns two years later” organised by the Polish member of the IAJ, IUSTITIA.
The main theme of the event was the: “Sovereignty and rule of law – the role of the courts in post–pandemic era”.
Hereinafter the speeches:
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Friday, Mar 4th 2022
The Board of the EAJ (European Association of Judges) addressed a letter to some international authorities concerning its concerns about the latest developments in Poland and in particular the new legislative developments.
Hereinafter the letter:
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Thursday, Feb 10th 2022
Statement on Poland
On 9th February 2022, the President of the European Association of Judges, Mr. Duro Sessa, signed a Statement concerning a case of disciplinary liability of judges in Poland.
In the Statement the EAJ urges the European Commission and the Council of Europe to use all means to bring the Polish authorities to accept their obligations and, in particular, to ensure that the decisions of the Court of Justice and European Court for Human Rights are respected. In particular, the EAJ emphasizes the principle according to which a judge should not be subjected to a disciplinary proceeding for decisions he or she has taken in the exercise of his or her duties.
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Monday, Dec 6th 2021
Assistance Fund for Judges
The Polish Senior Judge’s Home Foundation established an Aid Fund to provide support for judges who have been suspended from adjudicating for defending the rule of law in Poland.
Hereinafter a Letter for further details.
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Monday, Nov 15th 2021
The Polish National Hybrid Run of Support for Afghan Lawyers
On Saturday, November 13th (the International Day of Kindness), judges from the Polish Judges Association “IUSTITIA” and prosecutors from Prosecutors’ Association Lex Super Omnia started their unique action: the Polish National Hybrid Run of Support for Afghan Lawyers. During the campaign – lasting until November 28th (a day commemorating the acquisition of voting rights by women in Poland) – judges, prosecutors and active citizens take part in organized or individual races to support Afghan lawyers and their families already in Poland. To take part in the race, you must register and pay the registration fee. Half of the fee goes to the fund for assistance to Afghan lawyers specially created for this purpose by the Association of Polish Judges IUSTITIA. In return, the participants of the race receive a T-shirt specially designed for this event, a commemorative medal and a starting number. As part of the campaign, the participant is obliged to cover a minimum of 3 kilometers of the route during a joint run organized in many places in Poland or in individual time. Participants are allowed to choose whether they want to run, march, nordic-walking or just walk the distance. At the time of the opening of the campaign, 400 participants had already been registered, many of whom took part in the opening runs organized in Warsaw, Cracow, Wrocław, Gdynia, Koszalin, Olsztyn, Przemyśl and Ożarów. Running events are organized in the following days also in other cities (here below a map of events already planned). On November 28, 2021, the grand finale of the action is planned. The money collected in this way is intended for housing and in-kind assistance for Afghan lawyers.
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Friday, Oct 29th 2021
ENCJ Votes to Expel Polish Council for the Judiciary (KRS)
On 28 October 2021, the ENCJ General Assembly gathered in Vilnius to discuss the position of the Polish National Judicial Council, the KRS, in the ENCJ.
In September 2018 the ENCJ suspended the membership of the KRS and the KRS was stripped of its voting rights and excluded from participation in ENCJ activities. After that decision the ENCJ Board stayed in contact with the KRS and monitored the situation. The Board felt however that after the suspension no improvements in the functioning of the KRS have been noted. And in effect, the situation further deteriorated. Therefore the Board decided to propose to expel the KRS from the Association.
It is a condition of ENCJ membership, that institutions are independent of the executive and legislature and ensure the final responsibility for the support of the judiciary in the independent delivery of justice.
The ENCJ has found that that the KRS does not comply with this statutory rule anymore. The KRS does not safeguard the independence of the Judiciary, it does not to defend the Judiciary, or individual judges, in a manner consistent with its role as guarantor, in the face of any measures which threaten to compromise the core values of independence and autonomy.
Therefore today the ENCJ General Assembly voted to expel the KRS.
Speech of the President of the European Association of Judges (EAJ), Mr Duro Sessa.
Further information available here.
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Wednesday, Oct 27th 2021
EU court fines Poland 1 mln euros per day in rule of law row
Poland must pay 1 million euros a day for maintaining a disciplinary chamber for judges, the European Union’s top court said on Wednesday, in the latest episode of a clash over the rule of law with implications for Warsaw’s future ties with the bloc. The long-running conflict over Poland’s judicial reforms that the bloc says undermine the independence of the courts deepened this year, raising questions over the future place of the EU’s largest eastern member in the union.
“In the ruling issued today, the Vice-President of the Tribunal obliged Poland to pay…a penalty payment of EUR 1 million per day, counting from the date on which this ruling was delivered to Poland,” the statement from the Court of Justice of the European Union (CJEU) read.
Poland has said it will abolish the chamber as part of broader reforms, but has not yet presented detailed plans.
Further information available in the following web site:
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Friday, Oct 15th 2021
Poland: letter from Commissioner Reynders
The European Commissioner of Justice, Mr Reynders, sent a reply to the letter from the 4 European Associations of Judges and Prosecutors about the recent developments in Poland.
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Tuesday, Oct 12th 2021
Nobel Peace Price
The Nobel Peace Price was awarded last Friday. CNN reported that one of the possible candidates was Polish Judges Association Iustitia (member of the IAJ).
For more information: https://www.usnews.com/news/world/articles/2021-03-01/329-candidates-for-2021-nobel-peace-prize
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Monday, Oct 11th 2021
Poland: statement and letter of EAJ President
Different Polish judges’ associations issued a Statement entitled „Common position of judges and prosecutors“, while the President of the European Judges Association (EAJ), Mr Duro Sessa, sent a letter of support to „Iustitia“, the Polish member association of the IAJ.
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Tuesday, Sep 21st 2021
Iustitia anniversary celebrations
On September 17-19, Iustitia, the Polish member of the IAJ, held its anniversary celebrations in Gdańsk. The President of the IAJ, Mr Igreja Matos, together with Honorary President Pagone attended the event.
The Presidency Committee and the General Secretariat of the IAJ thank Iustitia for this invitation and warm reception.
For more information:
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Tuesday, Jul 20th 2021
Letter on Poland of the four European Associations of Judges and Prosecutors
Today, 20 of July, the four European most important judicial associations, namely the European Association of Judges–EAJ, Judges for Judges, the European Association of Administrative Judges and MEDEL, drafted a letter as regards the recent developments in Poland related with the judiciary.
The letter was sent to Ms. Ursula Von Der Leyen, President of the European Commission, to Mr. Charles Michel, President of the European Council and to Mr. David Sassoli, President of the European Parliament.
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Monday, Jul 5th 2021
Statement of IUSTITIA
Some days ago the National Board of the Polish Judges Association “Iustitia” adopted the following statement:
“The National Board of the Polish Judges Association “Iustitia” resolution on the waiver of the immunity and suspension of judge Józef Iwulski the President of the Labour and the Social Security Chamber of the Supreme Court, by the illegal Disciplinary Chamber
Today, three former prosecutors Małgorzata Bednarek, Jarosław Duś and Adam Roch, appointed by the politicized National Council of the Judiciary and the President of the Republic of Poland to the Disciplinary Chamber located in the Supreme Court building, have made an unlawful decision to waive the immunity and suspend Józef Iwulski the President of the Supreme Court.
The pretext for this is the case in which Judge Józef Iwulski ruled 40 years ago. The real goal to achieve is to eliminate him and to take over the cases recognized by the Supreme Court by persons interested in the outcome of the cases, in which they were sued to establish that those persons were illegally appointed to the posts of Supreme Court judges. It is in these cases that the Chamber of the Supreme Court, headed by President Józef Iwulski, asked the Court of Justice of the European Union with legal questions, and the effect of the current actions is to destroy the effects of the CJEU judgments.
A few months ago, the illegal Disciplinary Chamber resumed action in both disciplinary and immunity cases of judges. This happened despite the CJEU ruling securing the proceedings, prohibiting the Disciplinary Cases to conduct of these cases, another motion of the European Commission in this regard, and contrary to the rulings of the CJEU and the resolution of the three joint chambers of the Supreme Court of January 23, 2020 July 2021 min. in cases reference number no. I DI 30/21, I DI 32/21.
The continuation of the illegal activities of the Disciplinary Chamber once again confirms the need for faster decision-making by Polish and European authorities, which are responsible for ensuring the rule of law in Poland and Europe.
The Association of Polish Judges “Iustitia” reminds that all judges of the Supreme Court are bound by the resolution of the combined three Chambers of the Supreme Court of January 23, 2020 in the case file no. BSA I-4110-1 / 20 and therefore cannot respect the decisions of the illegal Disciplinary Chamber.”
Hereinafter the link to a statement adopted by several Polish Supreme Court Judges
The European Association of Judges express its total solidarity to our Polish member Iustitia and endorses its continuous efforts in defence of the Rule of Law and Judicial Independence.
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Wednesday, Mar 31st 2021
EU Commission Refers Poland to the ECJ to Protect Independence of Polish Judges and Asks for Interim Measures
Today, the European Commission decided to refer Poland to the Court of Justice of the European Union regarding the law on the judiciary of 20 December 2019, which entered into force on 14 February 2020. The Commission also decided to ask the Court of Justice to order interim measures until it has issued a final judgment in the case.
See the press release here:
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1524
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Friday, Jan 22nd 2021
Joint Declaration
The Association of Judges “Themis” is presenting the unprecedented joint declaration of 46 active judges of the Polish Supreme Court, supported by a declaration of 32 retired judges, expressing the utmost concern about the recent actions of the authorities intended to politically subordinate the judiciary and the preosecutor’s office.
We emphasie that all the judges who signed the declaration were elected with the participaton of the properly elected National Council of the Judiciary, i.e.before the introduction of the procedure in 2018 for selecting its members in conflict with the Polish constitution.
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Tuesday, Jan 19th 2021
Webinar on Poland: On January 18th, a webinar on Poland, co-organised by our Polish member (IUSTITIA) and the EAJ (European Association of Judges), took place on the zoom platform .
The topic was: The judiciary: possible ways of development . March of a Thousand Gown a year later.
Hereinafter the link to the speech of:
More information: Webinar on Poland (iaj-https://www.iaj-uim.org/news/webinar-on-poland/uim.org)
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Tuesday, Jan 12th 2021
Reply of the President of the European Commission
On January 11th the IAJ General Secretariat received the reply of Ms Ursula Von der Leyen, President of the European Commission, to a letter of the European Association of Judges (EAJ) on the situation of the judiciary in Poland
Hereinafter the link to the letters:
Letter of Ms Von der Leyen of January 11 2021
Letter of the EAJ of October 27th 2020
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Sunday, Jan 10th 2021
Urgent announcement
On January 20, 2021, at 12:00, at the National Prosecutor’s Office in Warsaw, Poland, judge Igor Tuleya was notified to be formally heard. The “ad hoc” promoted and politically subservient prosecutor Czesław Stanisławczyk intends to charge judge Igor Tuleya with accusations of abuse of judicial power in the performance of his judicial duties. Judge Igor Tuleya does not intend to appear at this hearing since he consistently argues that the ruling of the illegal Disciplinary Chamber of the Polish Supreme Court to revoke his judicial immunity is invalid following the preliminary decision of the European Court of Justice. EAJ expresses, once again, its full solidarity to Judge Tuleya and to all independent judges in Poland. You can read more about this case on the websites of EAJ / UIM and of our national member, the Association of Polish Judges “IUSTITIA”.
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Tuesday, Dec 22nd 2020
Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland
Hereinafter the link to an article on the situation of the judiciary in Poland, particularly disciplinary proceedings, by Prof. PhD habil. Krystian Markiewicz (President of Polish Judges Association, “Iustitia”, Institute of law, Silesia University) and PhD habil. Katarzyna Gajda-Roszcznialska (judge, Institute of law, Silesia University).
This article advances the thesis that nowadays disciplinary proceedings constitute a tool for breaking the rule of law in Poland.
The article “Disciplinary Proceedings as an instrument for Breaking the Rule of Law in Poland” is published on Hague Journal on the Rule of Law: http://link.springer.com/article/10.1007/s40803-020-00146-y
I, as a President of Polish Judges Association, “Iustitia” and we as authors would seize the occasion to wish all judges merry and healthy Christmas season, and all the best for the new year to come. The Judiciary as a whole needs to stand shoulder to shoulder in 2021.
United we stand, divided we fall!
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Monday, Dec 21st 2020
The Collapse of Judicial Independence in Poland: A Cautionary Tale
Hereinafter the link to an article on the situation of the judiciary in Poland, by Allyson K. Duncan (Vice president of the IAJ and President of the ANAO group) and John Macy (Second Year Law student at Duke University School of law).
The article “The Collapse of Judicial Independence in Poland: A Cautionary Tale” is published on Judicature publication:
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Sunday, Nov 29th 2020
Reply from the European Council
In response to the letter of the Platform on the situation of Polish judiciary, please find hereinafter the answer from the European Council:
Link to the previous news
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Monday, Nov 23rd 2020
Letter from the Platform on Poland
Today, 23rd of November, the Platform, which gathers the four European most important judicial organisations, namely the European Association of Judges–EAJ, Judges for Judges, the European Association of Administrative Judges and MEDEL, addressed a letter on the situation of Polish judiciary to the attention of the President of the European Council, Mr Charles Michel.
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Tuesday, Oct 27th 2020
Statement on Poland
Today the European Association of Judges (EAJ) sent an open letter to the President of the European Commission, Ms Ursula von der Leyen.
A public statement of the President of the EAJ, Mr Igreja Matos, followed:
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Poland: EAJ letter to the President of the European Commission
Today, 27th of October, the European Association of Judges, Regional Group of the IAJ, prepared and sent a letter to the attention of Ms Ursula von der Leyen, President of the European Commission, as regards Poland.
Hereinafter the letter:
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Monday, Oct 26th 2020
Letter to Madam Ursula von der Leyen from Special Rapporteur on the independence of judges and lawyers of the UN
The European Association of Judges (EAJ) wants to publicly express its gratitude to Mr. Diego Garcia-Sayán, Special Rapporteur on the independence of judges and lawyers of the United Nations, for this public statement.
In particular it is time for European Commission to take all measures related to the flagrant disrespect by Polish authorities of the European Court of Justice ruling of April 8th.
EAJ endorses this letter and urges European Commission to cooperate with the UN Special Rapporteur to safeguard judicial independence in Poland.
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Monday, Oct 12th 2020
Statement of the EAJ on Judge Beata Morawiec
Hereinafter the link to a statement of the European Association of Judges concerning the case against Judge Morawiec (Poland) and the independence of Polish judges.
In the statement the European Association of Judges urges, once more, the European Commission to take all necessary measures to urgently reestablish the EU legal order in Poland.
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Wednesday, Sep 30th 2020
Statement on Poland from the Platform
The Platform, composed of 4 organisations (Association of European Administrative Judges, European Association of Judges, Judges for Judges and Magistrats Européens pour la Démocratie et les Libertés ), released a statement on Poland.
The statement was addressed to the President of the European Commissions, Ms Ursula Von der Leyen and to Commissioners Jourova and Reynders:
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Monday, Sep 28th 2020
Statement of the EAJ Board
Hereinafter a statement of the EAJ Board on the Rule of Law Breakdown in Poland:
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Wednesday, Jul 15th 2020
UN Special Rapporteur Praises the Role of EAJ in Defence of Judicial Independence in Poland
In the framework of his video report at the 20th Meeting, 44th Regular Session of the Human Rights Council of the United Nations, UN Special Rapporteur on the Independence of Judges and Lawyers, Professor Diego Garcia-Sayan, praised the role played by EAJ in defence of judicial independence in Poland, particularily through the organisation of the Warsaw March of 1000 Robes last January.
The Video of the Report is available (in Spanish) at the following web address:
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Saturday, Jun 6th 2020
IAJ Official Statement on the proceedings against Polish Judge Tuleya
Today, 6th June 2020, the IAJ President Tony Pagone, in the framework of the meeting of the IAJ Presidency Committee, issued an official statement on the proceedings against the Polish judge Tuleya.
The statement of the President of the International Association of Judges, Tony Pagone (Australia), is unanimously supported by IAJ’s Presidency Committee composed by President Pagone, First Vice President José Igreja Matos (Portugal), as well as by Vice Presidents Djamel Aidouni (Algeria), Rafael De Menezes (Brazil), Allyson Duncan (U.S.A.), Duro Sessa (Croatia), Mikael Sjoberg (Danmark) and Honorary President Christophe Régnard (France), as well as Secretary-General Giacomo Oberto (Italy).
The text of the statement is available here:
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Thursday, May 14th 2020
Letter of the President of the European Parliament, Mr David Sassoli
Mr David Sassoli, President of the European Parliament, sent a letter to the attention of the President of the European Association of Judges, Mr Igreja Matos, in response to the EAJ statement on the situation of judiciary in Poland.
Please find hereinafter the link to the letter:
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Wednesday, Apr 29th 2020
The European Commission opens infringement proceedings for the Rule of Law
The European Commission has launched an infringement procedure against Poland for the law approved last December, which subjects the judges to executive, offending the principle of separation of powers. The law, in force since February, “makes changes to the functioning of the judicial system, with the serious risk of a political control of the system”. The vice-president of the EU executive announced it, Vera Jurova: “The virus cannot kill democracy,” said Jurova, inviting Warsaw to “address concerns” over the rule of Iaw of the EU Commission. Poland now has two months to respond.
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Wednesday, Apr 8th 2020
Important ruling of the CJEU: the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges
Today, on 8 April 2020. The Court of Justice of the European Union (Grand Chamber) granted the Commission’s application for interim measures against Poland (C-791/19 R), in which it decided to oblige the Republic of Poland to immediately suspend the application of the provisions of the law on the Supreme Court constituting the basis for the powers of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges, both in the first and second instance. The suspension shall continue until a final judgement is delivered in case C 791/19. The EU Court also obliges the Republic of Poland to refrain from referring cases pending before the Disciplinary Chamber of the Supreme Court for consideration by a panel that does not meet the requirements of independence, as indicated in particular in the judgment of 19 November 2019, A.K. and Others (the Independence of the Supreme Court Disciplinary Chamber) (C 585/18, C 624/18 and C 625/18, EU:C:2019:982). In addition, it orders the Republic of Poland that the European Commission be notified of all measures that Poland had adopted in order to comply fully with the CJEU decision no later than one month from the service of the order of the Court of Justice of the European Communities granting the requested interim measures. It is not ruled out that the European Commission may bring further action seeking financial penalties for Poland. Professor Krystian Markiewicz President of the Association of Polish Judges Iustitia: “Today’s CJEU decision not only clearly prohibits the Polish government to illegally repress judges, by suspending the so-called Disciplinary Chamber, but has a much broader effect – it should close the way for abuse of the arbitrary recognition of the elections validity. In the today’s order, the Court highlights the lack of independence of the Disciplinary Chamber, which is linked to the fact that it was set up entirely by the neoKRS (the new National Council of the Judiciary) and holds a special status. Both these fundamental irregularities also concern the Chamber of Extraordinary Control and Public Affairs, which is to decide on the validity of the elections. All the members of this Chamber were appointed by President Duda. Moreover, their appointment was made against the ruling of the Supreme Administrative Court suspending the judicial competition. Recently, the muzzle law strengthened the powers of this Chamber. This means that it should not pass rulings either. Why shouldn’t it adjudicate? Because it will expose all of us not only to legal chaos, but may deprive Poles of their electoral rights. Only withholding adjudication by this Chamber, which is still in the hands of the judges of the Supreme Court Labour Chamber, can prevent this from happening. This is the raison d’etat. If this does not happen and the persons from the Chamber of Control continue to adjudicate in electoral cases the Republic of Poland will be degraded from a ‘democratic state ruled by the rule of law’ to merely a ‘state’”.
Link to the press release:
https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-04/cp200047en.pdf
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Thursday, Mar 5th 2020
Muzzling Associations of Judges in Poland
A very interesting article on the right of judges to set up judicial associations has been published in the German web site Verfassungsblog, dedicated to Constitutional Law problems. The article deepens in particular the questions arising from the current Polish law which obliges judges to declare their membership in associations.
See: SANDERS, Anne: Muzzling Associations of Judges: The Duty of Judges to Declare Membership in an Association Under Poland’s so-called “Muzzle Law”, VerfBlog, 2020/3/05,
https://verfassungsblog.de/muzzling-associations-of-judges/
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Monday, Mar 2nd 2020
Report on the Repressions on the Judiciary during the Last Five Years in Poland
The IAJ has just publish in the open part of its web site a comprehensive report on the repressions on the judiciary during the last five years in Poland
The report was drawn up by judges from the Polish Judges’ Association “Iustitia” and by a prosecutor from the “Lex Super Omnia” Association of Prosecutors. “Iustitia” is the largest association of judges in Poland. It is fully independent, apolitical and self-governing, with over 3500 members, which is over 1/3 of the total number of judges. Its main mission is to defend the principles of a democratic state of law: freedom, rights and civil liberties, which are the cornerstone of democratic Poland. The association is active in many fields not only throughout Poland but also in the international arena as a member of international associations of judges (IAJ, EAJ, MEDEL). “Lex Super Omnia” is fully independent, apolitical and self-governing. It brings together more than 200 prosecutors. The main goal of the association is to strive for establishing an independent prosecution, the position of which is defined in the Polish Constitution.
The Report is available under the following URL:
https://www.iaj-uim.org/iuw/wp-content/uploads/2020/03/Raport_EN.pdf.pdf
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Monday, Feb 17th 2020
Current situation of the judiciary in Poland
Please find hereinafter some important documents sent by the Polish Association of judges, member of the IAJ, as regards the current situation of the judiciary in Poland. In partiular, the opinion of the Polish Judges’ Association ‘Iustitia’ on the Act of 20 December 2019 amending the Act- the Law on the System of Common Courts, the Act on the Supreme Court and Certain Other Acts and some information concerning lists of support for judiciary council candidates published by Sejm chancellery.
Opinion on the Muzzle Law
“The National Council of the judiciary is not valid anymore”
“Spokesman of the judiciary managed to gather 88% of his signatures”
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Wednesday, Feb 5th 2020
Statement on Poland
Please find hereinafter a Statement of the President of the European Association of Judges, Mr Igreja José Matos, on Poland:
Statement (in English)
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Tuesday, Jan 21st 2020
Article published in the German daily Handelsblatt on the situation of judiciary in Poland
Please find hereinafter an article (in German) published in the daily Handelsblatt based on a statement of EAJ President, Mr Igreja José Matos.
In the above mentioned statement, the President of the European Association of judges, Mr Igreja José Matos, invited EU Commission President, Ms Ursula von der Leyen, to use all possible means to convince and urge the Polish authorities to stop its undermining of the independence of the judiciary and to re-establish the principles of the rule of law:
https://www.iaj-uim.org/iuw/wp-content/uploads/2020/01/Seite_15_Handelsblatt_2020-01-21.pdf
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Sunday, Jan 19th 2020
Article from the President of the Portuguese Association of Judges, Manuel Ramos Soares
At request of the President of EAJ, kindly accepted by the author, below an English version of an article from the President of the Portuguese Association of Judges, Manuel Ramos Soares, published in a national newspaper “Público”.
This text is an adaptation and unofficial translation by the author of the article published in the Portuguese newspaper Público, the original of which can be read at the link: https://www.publico.pt/2020/01/15/mundo/opiniao/dziekujemy-dziekujemy-dziekujemy-1900356
Article (in English):
This article may not be of interest for many people. Those who doubt that the flutter of a butterfly’s wings can cause a storm on the other side of the world should stop reading now. This is only for those who believe that seemingly insignificant actions can trigger uncontrollable events and produce chaotic results.
As we get older, we may think that the time for surprises was lost somewhere back in the past. Not quite. Last Saturday I had an emotional and unforgettable experience. I marched silently in the streets of Warsaw, with magistrates from all over Europe, along with thousands of Polish judges, prosecutors and lawyers, dressed in their professional robes, in defense of judicial independence and the rule of law. Standing outside the presidential palace, under a huge Polish flag, I heard thousands of voices repeating in unison, thrilled, the solemn oath to the constitution and to the values of freedom and democracy. At the end, in the square in front of the parliament, I heard the leaders of the Polish and European judicial associations state that independence is not for the judges themselves; it belongs to the people and it is for the people. The gathering crowd waved flags of Poland and European Union, clapped their hands and shouted repeatedly: dziękujemy, dziękujemy, dziękujemy (thank you). Many, many were crying. Even me, who like to think I’m tough, had to hide my tears along the march. An old woman approached us on crutches, walking slowly, to hand a small book to a Portuguese colleague, while saying things we couldn’t understand. Someone translated it to us: “It’s for you. For our president and government it is just a piece of paper but for us it is our constitution”.
The epic “1000 robes march”, organized in a week or so, just missed one detail: we were not a thousand but 25 thousand marching and asking respectfully: “listen to our silence”.
The full extent of the attack on judicial independence by the populist and authoritarian government of Poland is too big to fit in these lines. It is a “war” that has lasted for years, which has already led the Court of Justice of the European Union to rule that the ongoing judicial reforms in Poland do not ensure the independence of the judiciary and do not comply with European law. In its latest development, to annihilate the “rebel” judges once and for all, the Polish parliament, loyal to the government, has passed a law that gives the Disciplinary Chamber, newly created by a fully governmentalized National Council of the Judiciary, the power to punish and dismiss, without appeal, those who dare to act in accordance with the ruling of the European court and with EU law against national authoritarian legislative measures.
What was most emotional about that “1000 robes march” was the example of courage of the judges, endangering their professional life with stickers on their chests “we are not afraid”, and the civic culture and education of the thousands of simple, anonymous people who came out to say thank you, to cry for justice and to fight for such a hard-won democracy. Unforgettable.
This unprecedented act of union and solidarity of magistrates from all over Europe was prominent news in most major European media and even in the United States, Brazil, Africa and Asia. They didn’t see it only as a slight and insignificant flutter of butterfly wings in the distance.
European States are doing little, EU is doing little, we all, as European citizens, are doing little. The European project is not just about economy, free market and money. It is about freedom, human and social rights, democracy and peace. The end of the rule of law in any country of EU will represent the end of our common system of protection of human and social rights and the end of democracy, as we know it. If this happens – we can be sure of it – it will spread rapidly, like a virus in a diseased body. That is why the fight of the Polish judges is ours too; it is everyone’s fight.
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Thursday, Jan 16th 2020
Open letter of the Union Syndacal des Magistrats et of the Syndacat de la Magistrature
The “Union Syndicale des Magistrats (USM)” and the ” Syndicat de la Magistrature (SM)” , in France, drafted an open letter in favour of the Polish judges.
Hereinfter the link to the letter (in French):
https://www.iaj-uim.org/iuw/wp-content/uploads/2020/01/Lettre-ouverte-SM-USM-aux-magistrats-Polonais.pdf
Open letter of the Union Syndacal des Magistrats et of the Syndacat de la Magistrature (France): https://www.iaj-uim.org/news/poland-open-letter-of-the-union-syndacal-des-magistrats-et-of-the-syndacat-de-la-magistrature/
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Wednesday, Jan 15th 2020
OSCE Urgent Interim Opinion on the Recent Bills for Reform of the Judiciary in Poland
The OSCE has approved an Urgent Interim Opinion on the Recent Bills for Reform of the Judiciary in Poland.
The Opinion has benefited from contributions made by Ms. Marta Achler, LL.M., PhD Candidate, Department of Law, European University Institute; Professor Andras Sajo, Central European University in Budapest and former judge and Vice-President of the European Court of Human Rights; and Mr. Jan van Zyl Smit, Acting Deputy Director of the Bingham Centre for the Rule of Law of the British Institute for International and Comparative Law.
The Opinion was peer reviewed by Professor Deirdre Curtin, Head of the Department of Law, European University Institute; Professor Gàbor Halmai, Department of Law, European University Institute; and Mr. José Igreja Matos, President of the European Association of Judges and First Vice-President of the International Association of Judges; and Professor Laurent Pech, Head of the Law and Politics Department at Middlesex University London and Professor of European Law.
The Opinion represents the position of the OSCE Office for Democratic Institutions and Human Rights.
The text of this document is available in our web site at the following URL:
https://www.iaj-uim.org/iuw/wp-content/uploads/2020/01/osce-opinion-on-poland.pdf
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Tuesday, Jan 14th 2020
Action brought on 25 October 2019 — European Commission v Republic of Poland
Hereinafter a link to the decision of the European Court of Justice against the Republic of Poland, following an action brought by the EU Commission, as regards the infringement of the second and third paragraphs of Article 267 TFEU (Treaty on the functioning of the European Union):
http://curia.europa.eu/juris/document/document.jsf?text=&docid=221358&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=73895
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Saturday, Jan 11th 2020
March in Poland: letter and resolution from the UIA
Hereinafter a letter from Mr. Jerome Roth, President of UIA (International Association of Lawyers) regarding the March of 1000 Robes – Marsz Tysiąca Tóg – held today, 11 of January, in Warsaw.
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Saturday, Jan 11th 2020
March of the 1000 Robes in Warsaw
As announced in the previous days, today, Saturday, January 11th, 2020 a silent march of all European judges is taking place in Warsaw, to show protest against the Polish Government policy in the field of Justice and Judicial Independence.
Photos available here: https://www.iaj-uim.org/news/march-of-the-1000-robes-in-warsaw-january-11th-2020/
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Friday, Jan 10th 2020
Letter of support for the Polish Association of Judges, IUSTITIA
The Romanian Magistrates Association (AMR) and the Association of Judges for the Defense of Human Rights (AJADO) wrote a letter of support for the Polish Association of Judges, IUSTITIA, on January 10th, 2020:
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Thursday, Jan 9th 2020
IAJ President Tony Pagone’s Letter of Support to Polish Judges
We publish here the text of the letter that the IAJ President Justice Tony Pagone has addressed to the Polish judges on the occasion of the silent March of European judges showing their support to Polish colleagues, to be held in Warsaw on January 11th, 2020:
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Friday, Jan 3rd 2020
Statement of the CCJE President Duro Sessa on Poland
On December 31st, 2019, the President of the Consultative Council of European Judges of the Council of Europe, IAJ Vice-President Mr. Duro Sessa, issued a statement on the current situation of the Polish Judiciary.
The text of this statement is the following:
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Friday, Dec 20th 2019
Letter on Poland to the President of the European Commission, Mrs Ursula von der Leyen
Hereinafter a letter sent to the attention of the President of the European Commission, Mrs Ursula von der Leyen, from Mr. Igreja José Matos, President of the European Association of Judges, as regards the very serious situation of judiciary in Poland:
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Friday, Dec 20th 2019
Declaration from “Iustitia”
Hereinafter, the Polish Judges Association “Iustitia” National Board`s position on the draft act – on amending the Act – Law on the system of the common courts, the Act on the Supreme Court and some other acts of law:
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Tuesday, Dec 17th 2019
Anti-corruption experts report very low level of compliance with recommendations as “globally unsatisfactory”
In a follow up assessment published today, 17 of December 2019, on corruption with respect to members of parliament, judges and prosecutors, the Council of Europe’s Group of States against Corruption (GRECO) determines that Poland has implemented seven of 16 recommendations and only one of six recommendations for a more recent “ad-hoc” procedure addressing specific judicial reforms (2016-2018).
Link to the article: https://www.coe.int/en/web/greco/-/poland-anti-corruption-experts-report-very-low-level-of-compliance-with-recommendations-as-globally-unsatisfactory
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Tuesday, Dec 17th 2019
Time is fast running out for judicial independence in PiS-ruled Poland
“Judicial “reform” in Poland runs contrary to judicial independence. It should be stopped by the Polish authorities in the interest of their fellow citizens and in obedience of democratic rules”, said the two authors of the following article on the situation of the judiciary in Poland:
– Mr Diego Garcia-Sayán, Special Rapporteur of the United Nations on the Independence of Judges and Lawyers
and
-Mr José Igreja Matos, President of the European Association of Judges
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Friday, Dec 6th 2019
Supreme Court ruling deals blow to Polish government’s judicial reforms
A ruling from Poland’s Supreme Court has dealt a serious blow to the ruling Law and Justice (PiS) party’s controversial judicial reforms. It finds that one new institution should not be recognised as a court, and another is not independent of political influence.
The judgement was issued by the Supreme Court’s labour law chamber, which had recently been ordered by the Court of Justice of the European Union (CJEU) to assess the legality of two institutions overhauled or created by PiS: the National Council of the Judiciary (KRS), which is responsible for nominating judges, and the Supreme Court’s disciplinary chamber.
The new ruling finds that “the KRS is not an impartial and independent body, while the disciplinary chamber is not a court within the meaning of EU and national law”, said judge Piotr Prusinowski, summarising the court’s decision and quoted by website Interia.
Prusinowski noted that the recent “CJEU ruling sets out a clear and precise standard for assessing the independence and impartiality of a court”, and that “every court in Poland is obliged to examine whether [that] standard is ensured”. (For deeper analysis of that CJEU judgement, see our recent insight article.)
The latest ruling find that the reformed KRS is not independent of the legislative and executive branches. “Everything indicates the dependence of this organ on the executive authorities,” declared the judges, quoted by Gazeta Wyborcza. The judges also noted that the KRS has selected judges for the disciplinary chamber who “are strongly associated with the legislative or executive”.
“This is a huge blow to – if not the end of – the justice reforms implemented by the PiS government,” says journalist Tomasz Skory of RMF FM, Poland’s biggest radio station. “With one verdict, the Supreme Court has challenged the legality of the appointment of judges by the KRS and invalidated the existence of the newly appointed disciplinary chamber.”
The KRS is the constitutional body responsible for nominating judges and protecting the independence of courts. Previously, 15 of its 25 members were elected by other judges, but, as a result of PiS’s reforms, they are now chosen by parliament. The remaining members are also largely political appointees, including four MPs, two senators, a representative of the president, and the justice minister.
The disciplinary chamber was also created under the same reforms, and has been filled with judges nominated by the new KRS. Earlier this year, the CJEU’s advocate general found that the disciplinary chamber “does not satisfy the requirements of judicial independence established by EU law”.
For more background and analysis, see our guide to PiS’s judicial reforms.
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Thursday, Dec 5th 2019
The situation of the judiciary in Poland
The situation of the judiciary in Poland is very problematic.
There were manifestations in different cities of Poland last Sunday; at request of our national member a brief statement was produced the same day by the President of the European Association of Judges, Mr Matos (https://www.iaj-uim.org/news/poland-statement-of-the-president-of-the-eaj/).
However just today Polish Supreme Court in a new turn of events has decided:
- Polish National Council of Judicary is not idepedent from other powers.
- Newly created Disciplinary Chamber of Polish Supreme Court is not a court within the meaning of the EU Law.
Hereinafter, a summary of what is happening in Poland:
- Judge Pawel Juszczyszyn, got suspended, his delegation to an upper instance was cancelled, disciplinary charges were brought against him, and criminal responsibility was announced too (abuse of powers); http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Pawel-J-Olsztyn.pdf In more details: Judge Juszczyszyn when examining an appeal case, decided (in line with the CJEU ruling) to verify, if the judge who delivered the first instance ruling was properly appointed (he was selected by the neo- ENCJ-suspended KRS), ordered the Sejm Chancellery a few days ago to produce the lists of supporters of the candidates to the new KRS. The MoJ immediately called off his delegation to a higher court. The Ministry’s press release (PL): https://www.gov.pl/web/sprawiedliwosc/informacja-w-sprawie-bezprawnego-podwazenia-statusu-sedziego2 In addition to having his delegation to the upper court cancelled, two new sanctions were adopted: (ii) the disciplinary officer (appointed by MoJ) initiated a disciplinary proceeding against the judge for what he did, officer’s press release (PL): http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Pawel-J-Olsztyn.pdf and (iii) the President of the District Court in Olsztyn (Maciej Nawacki, who was appointed by the MoJ; and also serves as a member of the new KRS) put him on suspension for 1 month (the maximum length of suspension that can be decided by a court’s president, it could be then extended by ID SC). https://wiadomosci.onet.pl/kraj/olsztyn-sedzia-juszczyszyn-zawieszony-przez-prezesa-sadu-rejonowego/049lp4g https://www.tvn24.pl/wiadomosci-z-kraju,3/sedzia-pawel-juszczyszyn-zawieszony-przez-macieja-nawackiego-prezesa-sadu-rejonowego-w-olsztynie,989304.html https://www.tvp.info/45558727/prezes-sadu-rejonowego-w-olsztynie-zawiesil-sedziego-pawla-juszczyszyna 2. Disciplinary charges were formulated against three other judges from Krakow Regional Court for verifying the lawfulness of a judicial appointment on the basis of a KRS recommendation: http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Sędziowie-SO-Kraków-Asesor.pdf More details: three judges of the District Court in Kraków, following the CJEU guidance, decided to assess the appointment of an assessor (a junior judge) as part of the appeal proceeding. They will be facing disciplinary liability; the disciplinary officer, appointed by MJ, put forward charges against them on that ground. The officer’s press release (PL): http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Sędziowie-SO-Kraków-Asesor.pdf The aim is to discourage judges from taking account of this (and subsequent) Court’s rulings referring to the changes in Polish judiciary, and dissuade the judges from making further references for a preliminary ruling. How could the CJEU react to that? Definitely, sooner or later, it will get informed. Will it be willing to react? Perhaps, by giving more straightforward answers to preliminary questions next time? 3. 55 disciplinary charges have been brought today against Krystian Markiewicz, President of Judges Association “Iustitia” for questioning the independence of KRS and SC Disciplinary Chamber; http://rzecznik.gov.pl/wp-content/uploads/2019/12/Komunikat-Krystian-M.pdf 4. A bill is apparently in the pipeline so as to punish judges who challenge the judicial status of other “judges” appointed by ENCJ-suspended NCJ. No draft so far but seehttp://themis-sedziowie.eu/materials-in-english/news-dgp-pis-is-preparing-a-disciplining-act-for-judges/ and https://www.premier.gov.pl/wydarzenia/aktualnosci/stanowisko-rady-ministrow-w-sprawie-sytuacji-w-wymiarze-sprawiedliwosci.html 5. Yesterday (3 December), a 3-judge panel of the new SC Chamber (Extraordinary Control Public Affairs) asked a 7-judge panel of the same Chamber two questions related to the effects of the recent CJEU ruling. They are formulated in a neutral way (if there’s an automatic obligation to verify KRS’ independence and if there’s an obligation to cancel a KRS decision after determining that it is not independent?) but since it is one of the two chamber fully staffed by the neo-KRS and PAD, the true intentions may be to block the application of the ruling. SC note (PL): www.sn.pl/aktualnosci/SitePages/Komunikaty_o_sprawach.aspx?ItemSID=330-b6b3e804-2752-4c7d-bcb4-7586782a1315 6. Tomorrow (5 December) the SC should proceed with one of the cases in which the ECJ was asked for a Preliminary Ruling More details: See also the decision of the President of the SC Civil Chamber (Judge Zawistowski) not to form SC panels with the participation of the new judges of that chamber, i.e. those who were appointed following the selection procedure by the new KRS, until the SC decides the cases in which it asked for that preliminary ruling. He added a special call: “He also made a special call (last para): “This [CJEU] judgment is addressed to all courts in Poland, including all persons appointed to judicial positions with the participation of the current National Council of the Judiciary. I therefore appeal to those appointed to the Civil Chamber of the Supreme Court in 2018 to act in a fully responsible manner in the cases assigned to them, with particular regard to the interests of the parties and the threat of deepening legal chaos.” (DeepL)SC press release (PL): http://www.sn.pl/aktualnosci/SiteAssets/Lists/Wydarzenia/AllItems/2019.11.25%20-%20O%C5%9Bwiadczenie%20Prezesa%20SN%20-%20Izba%20Cywilna.pdf
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Monday, Dec 2nd 2019
Statement of the President of the EAJ
The President of the European Association of Judges (EAJ), Mr José Igreja Matos, adopted a statement on the situation of judiciary in Poland:
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Monday, Nov 18th 2019
Judicial Independence in Poland and Hungary_Article of Mr Igreja Matos
The President of the European Association of Judges, Mr. José Igreja Matos, wrote an article on the Judicial Independence in Poland and Hungary, entitled:”Judicial independence in Poland and Hungary – Going, Going, Gone? Preliminary Requests and Disciplinary Procedures – A shocking development “.
The article is also accessible on the EU Law Journal , UNIO , at the following link:
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Monday, Nov 18th 2019
Report on the current situation
The Polish Judges Association “IUSTITIA”, member of the IAJ, sent a report, in English, on the current situation in Poland:
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Thursday, Oct 17th 2019
IAJ President Tony Pagone’s open letter to the President of Poland
On October 16th, Mr. Tony Pagone, as President of the IAJ, wrote and adressed an open letter to the President of Poland, Mr Andrzej Duda, as regards the IAJ concerns about the threats to the independence of the judiciary and to the Rule of Law.
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Monday, Oct 7th 2019
The Polish Association of Judges, IUSTITIA, drafted a report on the situation of the judiciary in Poland.
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Monday, Sep 23rd 2019
EAJ adopts in Nur-Sultan a resolution on Poland
During its meeting in Nur-Sultan, on 18th September 2019, the EAJ adopoted a resolution on the situation of the judiciary in Poland.
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Thursday, Sep 5th 2019
Hate campaign in social media against Polish independent judges
Please find hereinafter an article about the hate campaign in social media against Polish independent judges:
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Friday, Aug 30th 2019
Letter by European commissioner and First Vice President of the EC, Mr Timmermans, on the situation of Poland
First Vice President of the EC replied to a letter sent by letter by the Board of the EAJ on the situation of Poland .
You can access to the letter at the following link:
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Wednesday, Jun 12th 2019
Gdansk Equality Award
Judge Dorota Zabludowska from Gdansk, one of the most known defenders of democratic values in Poland, member of Polish Judges Association Iustitia, was honoured by the late President of Gdansk Pawel Adamowicz the Gdansk Equality Award for her struggle to maintain the independence of judiciary. She was chosen for the award by an independent body consisting of members of Gdansk Council for Equal Treatment. The President of Gdansk was not a member of this body. Judge Zabłudowska passed the financial part of the award to charity as she declared on the night it was granted. Pawel Adamowicz had a criminal case concerning inaccuracies in his financial statements in the court where judge Zabłudowska works but she had no contact whatsoever with the case as it was in another department. After a while the disciplinary prosecutor started proceedings in connection with acceptance of the Equality Award. Now in his statement on his website and in a letter to the Ombudsman he wrotes that judge Zabłudowska accepted financial gratification from a defendant, without mentioning that the actual case concerned the Gdansk Equality Award and that the award was donated to charity. Judge Zabłudowska finds this information as libel misleading the public opinion and demands correction of the facts.
Statement from Judge Zabłudowska
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Monday, Jun 10th 2019
Second Congress of the Lawyers of Poland
On the 1st of June, 2019 the Second Congress of the Lawyers of Poland took place in Poznań. The Congress’ main goal was to unite Polish lawyers of various careers in defence of Polish Constitution, independence of judges and the rule of law. Over 1000 lawyers attended.
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Friday, May 10th 2019
EAJ unanimously adopts a resolution on Poland in Copenhagen
On May 10th 2019 the EAJ unanimously adopted in Copenhagen a resolution on Poland.
The document is available under the following URL:
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Thursday, Dec 20th 2018
Suspension of the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges
Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges. Interim measures have been granted by the Court of Justice of the European Union, on 17 December 2018.
PRESS RELEASE No 204/18 on Order of the Court in Case C-619/18 R — Commission v Poland available under the following URL:
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EAJ Resolution adopted in Marrakech_October 2018
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Sunday, Oct 14th 2018
Situation of the judiciary
On the occasion of the EAJ group meeting in Marrakech, on October 14, the Polish delegate showed the following power point presentation on the situation of judiciary in Poland:
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Resolution on the political interference into the Polish judiciary
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Extract from the Resolution of the Assembly of Representatives of Judges of the Regional Court in Kraków
Answer President Juncker and First Vice-President Timmermans to the letters of the EAJ appealing for the amendment of current legislative reforms in Poland
Answer from the Council of Europe
Statement approved by the Spanish Association of Judges (APM) on the situation of the judiciary in Poland: (in Spanish)
Open letter on Poland
Please find here an open letter of the EAJ, Regional Group of the IAJ, on the situation of the judiciary in Poland:
Poland: Statement First President of the Supreme Court on the reforms of the judiciary
Please find hereinafter a statement of Professor Dr. Małgorzata Gersdorf , First President of SUPREME COURT , on the reforms of the judiciary in Poland.
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Judicial Reform in Poland: a Threat to the Rule of Law
The International Association of Judges and the International Association of Lawyers have signed and published a joint statement on the current situation of the Judiciary in Poland.
The document is available under the following URL: https://www.iaj-uim.org/iuw/wp-content/uploads/2017/12/UIA_IAJ_Statement_Poland-FINAL-1.pdf
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Please find hereinafter the press releases and statements on Poland:
– by the Spanish Association of Judges (Asociación Profesional de la Magistratura) , in Spanish
– by the Portuguese Association of Judges
–by the International Association of Portuguese Speaking Judges, in Spanish
–by the IBA Group, in Spanish
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-by the German Judges Association:
24th July 2017 AFP and dpa report an interview with the President of the German Judges Association Jens Gnisa. It was picked up by nearly all media and the radio:
Online media, examples: https://www.tagesschau.de/ausland/richterbund-polen-101.html
Radio (example Deutschlandfunk): http://www.deutschlandfunk.de/polen-richterbund-sieht-rechtliche-zusammenarbeit-in-gefahr.2932.de.html?drn:news_id=772064
21st July/22nd July 2017 Dpa reports another interview with the President of the German Judges Association Jens Gnisa on Friday evening and Saturday. It was picked up by the radio DLF and in more than 50 daily newspapers http://www.deutschlandfunk.de/justizreform-in-polen-deutscher-richterbund-sieht.1939.de.html?drn:news_id=771262
19th July 2017 Reuters reports an interview with a member of the committee Europe/International of the German Judges Association: https://de.reuters.com/article/eu-polen-deutschland-idDEKBN1A426H
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-by Australia: – President of the Judicial Conference of Australia – Australia ‘ Polish Newspaper – Judicial Conference of Australia
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The European Network of Councils for the Judiciary (ENCJ) made a statement on the situation of judiciary in Poland: Statement
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Friday, Jul 28th 2017
Letter of the President of the Polish Judges Association, IUSTITIA
The President of the Polish Judges Association, IUSTITIA, Krystian Markiewicz, sent a letter to General Secretariat to thank for the solidarity and support in favour of the independence of judiciary in Poland.
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EAJ and IUSTITIA Presidents’ Appeal to the President of Poland, Mr Andrzej Duda
The President of the EAJ, Mr José Igreja Matos, following a request from the President of the Polish Association of Judges “IUSTITIA”, Mr Krystian Markiewicz, has addressed a public and official appeal to the President of Poland, Mr Adrzej Duda, about the prospective reform of the judiciary in that country, which would seriously undermine judicial independence and breach international standards on the Statute of Judges.
This is the link to Mr Igreja Matos’ letter:
https://www.iaj-uim.org/iuw/wp-content/uploads/2017/07/Appeal-to-the-President-of-Poland-EAJ-1.pdf
This is the link to Mr Markiewicz’s letter:
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Thursday, Jul 27th 2017
Poland must safeguard judicial independence – UN Special Rapporteur
GENEVA (26 July 2017) – A United Nations human rights expert has welcomed the Polish President’s recent decision to veto two bills that would have threatened the independence of the judiciary, urging the Government to ensure that judicial independence is safeguarded.
“I welcome the President’s veto of the two bills, which together would have severely undermined the independence of the judiciary in Poland,” said the UN Special Rapporteur on the independence of the judiciary, Diego García-Sayán.
“However, I remain concerned with the state of independence of the judiciary in the country,” the Special Rapporteur added.
The first bill, adopted by the Parliament on 12 July 2017, stipulated that all members of the National Council of the Judiciary would be appointed by the Parliament. The second bill, adopted less than two weeks later, would have forced all Supreme Court judges to resign except those selected by the Minister of Justice.
Both bills would have increased the power of the executive and legislative branches over the judiciary, the Special Rapporteur noted.
“It is the State’s duty to respect and observe the independence of the judiciary, by allowing judges to decide cases impartially, without any improper influences, pressure, threats or interference, as well as by guaranteeing that any method of judicial selection safeguards against judicial appointments for improper motives,” Mr. García-Sayán said.
A third bill, giving the Minister of Justice the power to appoint presidents and vice-presidents of local regional courts (known as common courts), has now been approved by the President.
“My concerns have been heightened by the adoption of this third bill, in the context of ongoing challenges to the independence of the judiciary over the past two years,” Mr. García-Sayán added.
Tensions began in 2015, when the newly elected President refused to swear into office judges appointed to the Constitutional Tribunal by the previous Parliament.
A series of bills relating to the judiciary had since been adopted, including the merging of the functions of the formerly independent Prosecutor with those of the Justice Minister, and amendments to the law on the Constitutional Tribunal which undermine its effectiveness and independence.
“The independence of the judiciary, as enshrined in the Polish Constitution, as well as in several international human rights instruments, must be guaranteed by the State,” stressed the Special Rapporteur.
The UN Special Rapporteur has been in contact with the Government of Poland regarding his concerns.
Mr. Diego García-Sayán (Peru) has been Special Rapporteur on the independence of judges and lawyers since December 2016. As Special Rapporteur, Mr. García-Sayán is part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
UN Human Rights, country page: Poland
For more information and media requests, please contact Ms. Dragana Korljan (+41 22 917 9721 / dkorljan@ohchr.org)
International Association of Judges
Union Internationale des Magistrats
Palazzo di Giustizia
Piazza Cavour – 00193 – Roma, Italy
tel. +39 06 6883 2213 – fax. +39 06 687 1195