MEDEL

The situation of the Romanian Judiciary has recently witnessed another episode that reveals the worrying path towards the degradation of the Rule of Law in that country.

MEDEL sees with much concern the revision of the three basic laws of the Judiciary (the Statutes of Judges and Prosecutors, the organisation of Courts and of the Prosecution Service and the organisation of the Superior Council of Magistracy) – that came into force between July and October 2018 – and the proposed changes of the criminal and criminal procedure. As Vice-President Frans Timmermans said in the European Parliament on October 3rd, 2018, these changes put at serious risk the independence and effectiveness of the Judiciary, especially in the fight against corruption.

MEDELMEDEL has addressed on February 20th, 2019, to Frans Timmermans, Vice-President of the European Commission, the letter here below, about the disciplinar proceedings against Judges in Poland.

Your Excellency, MEDEL – Magistrats Européens Pour la Démocratie et les Libertés, (a European Non‑Governmental Organization that currently gathers 23 associations of Judges and Prosecutors coming from 16 different European Countries, representing more than 15.000 magistrates), has been following closely the ongoing attack against the independence of the Judiciary in Poland.

MEDEL statement on the rescue ship AquariusThe General Assembly of the European Network of Councils for the Judiciary (ENCJ) decided in its meeting of September 17th, 2018, to suspend the membership of the Polish Judiciary Council (KRS - Krajowa Rada Sądownictwa).

The ENCJ concluded that currently the KRS is not "independent of the executive and legislature" and therefore is not capable of ensuring "the final responsibility for the support of the judiciary in the independent delivery of justice".

Although deeply regretting that the situation had to reach this outcome, MEDEL wishes to express its full support to the decision of the ENCJ.

After changes of law implemented in December 2017, KRS became fully dependent of the executive and legislative powers. This happened despite the changes have received unequivocally negative opinions of national and European organisations of judges, prosecutors and lawyers.

MEDELFor more than two years, MEDEL has been observing the process of deterioration of the rule of law in Poland. During this time MEDEL has repeatedly called upon Polish authorities to stop this process, to restore the principle of separation of powers and to ensure the independence of the judiciary.

The Government of Poland as well as the President of Poland seem to ignore the appeals of the international judicial community and continue to implement its “reforms” of the judiciary, which in fact are only focused on subordinating judiciary to executive power.

MEDEL statement on the situation of the Judiciary in MontenegroThe current Constitutional and legal provisions of Montenegro related to the election of members of the Judicial Council seriously violate the principles of independence and impartiality of the Montenegrin judiciary, situation that breaches the principles of the Rule of law.

The Montenegrin judiciary is threatened by a blockade, due to the inability to secure the necessary two- thirds majority for the election of members of the Judicial Council among the prominent lawyers.

MEDEL statement on the constitutional reform in SerbiaIn light of the process of constitutional amendments in Serbia with regard to the judiciary and the prosecutorial service

Having in mind the proposed solutions in the 13th April 2018 Draft Amendments to the Constitution of the Republic of Serbia and the Draft of the Constitutional Law

Recalling to the unjustifiable violation of the Rule of Law undertaken in 2009 by “re-election” of all judges, prosecutors and deputies of public prosecutors and in 2011/2012 during the review of the re-election

Endorsing the Opinion of the Consultative Council of European Judges Bureau of 4 May 2018

MEDEL – Magistrats Européens pour la Démocratie et les Libertés, emphasises the following :

MEDEL statement on the interference of Secret Services in the Romanian JudiciaryOn its Council of Administration held in Brussels on May 25th, 2018, MEDEL approved the following statement regarding the interference of the Secret Services in the Romanian Judiciary.

On the eve of the Council of Administration, the Bureau of MEDEL met with Mr. Emmanuel Crabit, Director of Fundamental Rights and Rule of Law of the Directorate-General for Justice and Consumers of the European Commission. In that meeting, various subjects were addressed regarding the current threats to the Independence of the Judiciary and the Rule of Law in Europe, and a report made by the Romanian Judges Association on that matter (which can be found here) was personaly delivered.

MEDELMEDEL pronounced the 23rd of May as the alert day for the independence of justice in Europe, remembering the anniversary of the assassination of the Italian Judge Giovanni Falcone by the Mafia in 1992.

On this date, we are invited to reflect on the need for an independent and effective justice all over Europe and its importance for the safeguard of European citizens’ fundamental rights and freedoms. All European citizens must be remembered of the essentiality of an independent judiciary, able to protect the basic freedoms and rights all over Europe.

MEDELMEDEL will hold its next Council of Administration in Brussels, on the 25th of May, at the Palais de la Justice.

On Saturday, May 26th, MEDEL and AED - Association of European Democratic Lawyers, will co-organise the international conference "THE INDEPENDENCE OF JUSTICE IN EUROPE: LAWYERS/MAGISTRATES/DUO/DUEL”.

Comunicado sobre las injerencias políticas en el Poder Judicial y en el Tribunal ConstitucionalDe forma constante nos vemos obligados a recordar el informe anual de la Comisión Europea sobre el estado de la justicia en los países de la Unión Europea. España figura como el tercer Estado donde un mayor porcentaje de personas percibe que la justicia no es independiente. Hasta un 58% de los españoles la consideran como “mala” (39%) o “muy mala” (19%), lo que supone que sólo dos de los 28 países están peor: Bulgaria y Eslovaquia. Según el citado estudio, son las “interferencias y presiones del Gobierno y políticas” el primer motivo de la percepción de la falta de independencia aducido por la ciudadanía.

You are here: MEDEL Activities An independent judiciary