Protests against Polish judiciary reforms

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Since 2017, a series of protests against judiciary reforms have occurred in Poland. Since Law and Justice took power in Poland in 2015, its influence rapidly extended to the judicial branch, through contended nominations that produced the 2015 Polish Constitutional Court crisis. The Law and Justice party argues that the reforms are needed to improve the efficiency of the judiciary, but the opposition, supported by a significant number of members of the judiciary, has been very critical of the reforms. The reforms have also been criticized by a number of international bodies. [1] [2] The European Commission invokes the Article 7 of the European Treaty against E.U. member Poland, denouncing recent judiciary reforms putting it under the political control of the ruling majority and citing "serious risk [to] the independence of the judiciary and the separation of powers". [3] [4] [5]

The Polish judicial disciplinary panel law was approved by the Sejm on 20 December 2019. [6] The bill empowers the Disciplinary Chamber at the Supreme Court of Poland to punish judges who engage in "political activity", including questioning the political independence of the panel. [6] [7] Punishment of judges may be a fine, reduction of salary, or termination from their position. [7] The bill also changes the manner in which the head of the Supreme Court of Poland is appointed. [8] Giving the government, in effect, the ability to control and sack judges the legislation violates EU judicial system legislation. [9] Donald Tusk warned the bill might force Poland out of the EU. [10] The Helsinki Foundation for Human Rights and the Committee for the Defence of Democracy organized protests throughout Poland against the bill. [11]

Gdynia Lancuch swiatla 2017 02.jpg
Civic protest "in defense of the courts" against an attempt to introduce 3 unconstitutional laws: about the National Court Register, the common courts and the Court Supreme, 22-24 July 2017, Constitution Square in front of the Gdynia District Court

In February 2020, former Constitutional Tribunal judges, including former Constitutional Tribunal presidents Andrzej Rzepliński (2010-2016), Marek Safjan  [ pl ], Jerzy Stępień  [ pl ], Bogdan Zdziennicki  [ pl ], and Andrzej Zoll described the tribunal as having "virtually been abolished". [12]

By 2020, fourteen out of the fifteen judges had been appointed to the Constitutional Tribunal by the Sejm since the return in power of PiS in 2015, which was seen by the former tribunal presidents and judges as one of the signs of a lack of checks and balances against PiS' domination of three branches of government power.

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References

  1. ↑ "Judges From Across Europe March to Defend Polish Peers Against Controversial Legislation". Time. Archived from the original on January 11, 2020. Retrieved 2020-01-22.
  2. ↑ "Poland: Thousands protest government proposal to punish judges | DW | 18.12.2019". DW.COM. Retrieved 2020-01-22.
  3. ↑ "L'Europe déclenche une procédure sans précédent contre le gouvernement polonais". LeMonde.fr . 20 December 2017. Retrieved 26 December 2017.
  4. ↑ "Poland Overhauls Judiciary, Escalating Clash With E.U." nytimes.com. 20 December 2017.
  5. ↑ "Poland cries foul as EU triggers 'nuclear option' over judicial independence". theguardian.com. 20 December 2017.
  6. 1 2 "Polish Parliament Backs Judicial Bill Opposed by EU". WSJ. 2019-12-20. Retrieved 2019-12-21.
  7. 1 2 "Poland lower house approves controversial judges law". BBC News. Retrieved 2019-12-21.
  8. ↑ "Poland's government steps up fight with judiciary | Financial Times". ft.com. Retrieved 2019-12-21.
  9. ↑ "Poland passes controversial bill to punish judges | News | DW | 20.12.2019". Deutsche Welle. Retrieved 2019-12-21.
  10. ↑ "Poland risks leaving EU with new judges law, Tusk warns". EU Observer. Retrieved 2019-12-21.
  11. ↑ "Poland could be forced to leave EU by its judicial reforms, top court says". Euronews. Retrieved 2019-12-21.
  12. ↑ Biernat, Stanisław; Dębowska–Romanowska, Teresa; et al. (10 February 2020). "'Constitutional Tribunal has virtually been abolished,' announce retired judges". Ruleoflaw.pl. Archived from the original on 2020-10-29. Retrieved 2020-10-28.


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