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MEDEL statement on the reform of the Supreme Court in Poland: Keep the Rule of Law in Poland

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.

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Situation of the Turkish Judiciary - Report of The Platform for an Independent Judiciary in Turkey

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.

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Declaration of all the former Presidents of the Constitutional Court on the recent undermining of the Rule of Law in Poland

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.

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MEDEL communiquè on the situation of the Constitutional Court in Poland

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.

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Program of the International Conference: Constitutional Courts: Between the Political and the Juridical

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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La justice en Europe: Quinze systemes judiciares passes au crible des principes fondametaux

MEDEL

Dans un monde inquiet, garantir les droits est plus que jamais nécessaire au coeur des sociétés qui perdent leurs repères(1).

INDEPENDANCE: Acteur clef de l’Etat de droit démocratique, elle est, selon des degrés divers, atteinte dans l’ensemble des pays; cela va de l’insuffisance des garanties statutaires à une totale ingérence du pouvoir exécutif voire à une détérioration. Les Conseils de justice -présents dans l’immense majorité des pays- doivent garantir l’indépendance de la justice et promouvoir un fonctionnement de celle-ci au service de tous ; leur composition doit garantir leur indépendance et respecter le pluralisme du système judiciaire.

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