MEDELMEDEL (Magistrats européens pour la démocratie et les libertés) wishes to express its deep concern on the Bill amending and supplementing the Judiciary Act passed at first hearing by the Bulgarian Parliament.

In its letter dated 25 July 2016 to the Speaker of Bulgarian Parliament, MEDEL stated the reasons against the introduction of the requirement for magistrates (judges and prosecutors) to declare their membership to professional organisations. Such requirement unreasonably limits their right to free association as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.

MEDELMEDEL has been following with an increasing concern the development of the situation in Poland. Only on 1st July 2017, the General Assembly of MEDEL adopted a communiqué on the Constitutional Court in Poland, calling the EU institutions to continue the dialogue with Polish authorities in order to restore the Rule of Law. Since then, the governing majority in Poland has taken further steps to weaken the judicial independence which will deeply undermine the fundaments of the democratic rule of law state.

On 12th July 2017, Sejm – the lower chamber of the Polish Parliament - adopted the laws amending the Law on the National Judicial Council and the Law on Common Courts. They were already confirmed by the higher chamber of the Parliament (Senat), acting in hasty proceedings, without proper debate and consideration, and now both laws are waiting for the signature of the President of the state. The Law on the National Judicial Council provides inter alia the expiry of the term of office of its judicial members and the election of the new ones not by their peers, but by politicians.

MEDELMEDEL has been following with an increasing concern the development of the situation in Poland. Only on 1st July 2017, the General Assembly of MEDEL adopted a communiqué on the Constitutional Court in Poland, calling the EU institutions to continue the dialogue with Polish authorities in order to restore the Rule of Law. Since then, the governing majority in Poland has taken further steps to weaken the judicial independence which will deeply undermine the fundaments of the democratic rule of law state.

On 12th July 2017, Sejm – the lower chamber of the Polish Parliament - adopted the laws amending the Law on the National Judicial Council and the Law on Common Courts. They were already confirmed by the higher chamber of the Parliament (Senat), acting in hasty proceedings, without proper debate and consideration, and now both laws are waiting for the signature of the President of the state. The Law on the National Judicial Council provides inter alia the expiry of the term of office of its judicial members and the election of the new ones not by their peers, but by politicians.

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

The assessment of the status of the justice system in Turkey clearly proves that the independence of the judiciary is abolished.

The Platform for an Independent Judiciary in Turkey refers to its previous declarations and to the attached summary on the developments and their results.

It is urgent to return to the rule of law and to bring back to the Turkish people the fundamental rights of which they had been deprived.

The Platform urges

I.) the Turkish authorities

• to end the pressure which is directly exercised on Turkish judges and prosecutors, who are in charge of the procedures subsequent to the terrible attempt of the coup d´etat, and indirectly by influencing the High Council of Judges and Prosecutors.

• to reestablish the procedural rules, which are necessary to guarantee a fair procedure,

• to make the observation of the court hearings by international observers possible

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

The assessment of the status of the justice system in Turkey clearly proves that the independence of the judiciary is abolished.

The Platform for an Independent Judiciary in Turkey refers to its previous declarations and to the attached summary on the developments and their results.

It is urgent to return to the rule of law and to bring back to the Turkish people the fundamental rights of which they had been deprived.

The Platform urges

I.) the Turkish authorities

• to end the pressure which is directly exercised on Turkish judges and prosecutors, who are in charge of the procedures subsequent to the terrible attempt of the coup d´etat, and indirectly by influencing the High Council of Judges and Prosecutors.

• to reestablish the procedural rules, which are necessary to guarantee a fair procedure,

• to make the observation of the court hearings by international observers possible

JusticeDeclaration of all the former Presidents of the Constitutional Court of Poland on the recent laws put forward by the government, that undermine the Rule of Law.

Déclaration des anciens Présidents de la Cour constitutionnelle de Pologne

Il n’y a point d’État de droit sans administration indépendante de la justice. Les projets de lois sur le fonctionnement des tribunaux ordinaires, du Conseil national de la magistrature et de la Cour suprême, qui modifient de facto la Constitution, conduiront à abolir l’indépendance et l’autonomie des juridictions polonaises par rapport aux autorités politiques.

L’adoption de ces lois, qui instaurent une influence décisive et non soumise à contrôle d’un ou deux responsables politiques sur la nomination des présidents de tribunaux, sur la composition du Conseil national de la magistrature et sur la dissolution de la Cour suprême actuelle ainsi que la création d’une « nouvelle » Cour suprême – l’autorité judiciaire la plus importante de notre État – rend non seulement impossible tout contrôle de la légalité des actes émanant des autres autorités, mais encore annihile la protection des droits et libertés des citoyens.

MEDELFor decades Constitutional Courts in Europe played a significant role in the preservation of the Rule of law, the protection of the individual’s fundamental rights and the strengthening of democracy. Nowadays, although the position of Constitutional Courts seems to be solid in most of European countries, it is MEDEL obligation to further underline their importance, especially in times of economical and immigrant crises, and to recommend to even strengthen their role, when simple and dangerous solutions proposed by populists all over the continent may attract many Europeans.

MEDELFor decades Constitutional Courts in Europe played a significant role in the preservation of the Rule of law, the protection of the individual’s fundamental rights and the strengthening of democracy. Nowadays, although the position of Constitutional Courts seems to be solid in most of European countries, it is MEDEL obligation to further underline their importance, especially in times of economical and immigrant crises, and to recommend to even strengthen their role, when simple and dangerous solutions proposed by populists all over the continent may attract many Europeans.

International Conference: Constitutional Courts: Between the Political and the JuridicalProgram of the conference organized by MEDEL, ASJP and UCP. June 30th 2017, Universidade Católica Portuguesa - Porto, Carvalho Guerra Auditorium

International Conference: Constitutional Courts: Between the Political and the JuridicalProgram of the conference organized by MEDEL, ASJP and UCP. June 30th 2017, Universidade Católica Portuguesa - Porto, Carvalho Guerra Auditorium

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