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

MEDEL, European Association of Judges, Association of European Administrative Judges and Judges for Judges have sent today a letter to Ursula von der Leyen, Charles Michel and David Sassoli, stressing the need for an urgent and strong reaction to the recent developments in the Polish Judiciary. You can read the letter below.

Four European Associations of Judges and Prosecutors took notice with great concern of the recent developments in Poland in reaction to the decisions of the European Court of Justice of 15 July 2021 (Case C-791/19) and also of 14 July 2021 in the pending case C-204/21 (regarding the ‘Muzzle law’).

MEDEL

(EN) MEDEL has issued a statement regarding the recent developments in the Polish Judiciary and the decisions of the Court of Justice of the European Union.

(FR) MEDEL a publié une déclaration concernant les récents développements dans le système judiciaire polonais et les décisions de la Cour de Justice de l'Union Européenne.

MEDEL welcomes the two critical European Court of Justice’s decisions delivered last week in the so-called “Polish cases”– order issued on 14th of July 2021 in case C-204/21 and final verdict of one of the infringement procedures – case C-771/19, rendered on 15th of July 2021. Both of these decisions relate to the principle of independence of the judiciary. Under the ECJ’s ruling of 14 July, supplemental to an earlier ECJ ruling of 8 April 2020 (“muzzle law”), the Disciplinary Chamber of the Supreme Court has been found invalid in all cases related to judges – disciplinary and immunity.

In the verdict delivered on 15th of July, ECJ explicitly states that the Disciplinary Chamber does not fulfil the criteria of an independent and impartial court. ECJ also emphasised that Polish disciplinary system of judges fails to guarantee fundamental rights of defendants. Both these decisions confirm the essential European Union’s cornerstone legal principle of independence of justice.

MEDEL

MEDEL and other three european associations (Judges for Judges, Association of European Adminstrative Judges and European Association of Judges) sent a letter to the President of the European Council, the President of EU Commission and the German Presidency of the EU Council, asking for clear and unequivocal action in defense of Rule of Law in Poland and in the European Union.
 
Medel et trois autres associations européennes (Judges for Judges, Association des Juges Administratifs Européens et Association Européenne des Juges) ont envoyé une lettre au président du Conseil Européen, à la Présidente de la Commission Européenne et à la présidence allemande du Conseil de l’UE, demandant une action claire et sans équivoque pour la défense de l’État de Droit en Pologne et dans l’Union Européenne.

MEDEL

MEDEL condemns the decision of the disciplinary chamber of the Polish Supreme court on lifting the immunity of judge Igor Tuleya, suspending him and reducing his salary.

MEDEL

The CJEU-disabled Disciplinary Chamber of the Polish Supreme court decided on lifting judicial immunity of judge Beata Morawiec and imposing disciplinary charges in the form of suspension and reduction of salary by 50%.

This is a direct and blatant violation of ECJ order of 08.04.2020, suspending the so-called Disciplinary Chamber in the disciplinary proceedings against judges. Consequently, MEDEL does not recognize todays’ decision, considers Beata Morawiec  an active judge and expresses her its full support and solidarity.

EUMEDEL, AEJ, AEAJ and Judges for Judges sent a letter today to the President of the European Commission, urging for an immediate and decisive intervention to stop the crackdown of the Rule of Law in Poland. You can read the letter below:

Four European Associations of Judges and Prosecutors took notice with great concern of the recent developments in Poland regarding the upcoming hearings by the Disciplinary Chamber: on October 5th, the hearing of Igor Tuleya on the context of an appeal case; on October 12th, the hearing of Beata Morawiec; on October 21st, the hearing of Irena Majcher; and on October 16th, the hearing of Prosecutor Krzysztof Parchimowicz. 

EU

MEDEL subscribes and fully supports the letter of Prof. Laurent Pech and other academics to the President of the European Commission, regarding the breakdown of #RuleOfLaw in #Poland.

"The rule of law in Poland is not merely being attacked. It is being destroyed in plain sight."

Dear President von der Leyen,

In your recent State of the Union address, you rightly emphasized that “breaches of the rule of law cannot be tolerated.”

We are sorry to say we are seeing ample evidence to the contrary (see our previous open letters here and here).

The current Commission is failing to project any sense of urgency (at least, in public view) around this issue, while Polish authorities continue to openly abuse, harass and intimidate judges and prosecutors who are seeking to defend the rule of law. In addition, Polish authorities continue to openly defy the authority of the Court of Justice by refusing to follow its judgments, most recently its order regarding the so-called Disciplinary Chamber.

MEDEL

Tomorrow we shall face another stage of dismantling of the rule of law in Poland.

The Disciplinary Chamber of the Supreme Court, disabled by CJEU decision of 8 April 2020, will nonetheless consider the motion of politically driven prosecution to allow pressing criminal charges against judge Tuleya. The only “crime” of judge Tuleya is that he adjudicated against expectations of the ruling party by ordering to continue investigation into irregularities in voting in the parliament and making the hearing in this case public.

MEDELMEDEL has sent a letter to EU Commissioners Vera Jourova and Didier Reynders, about the disciplinary proceedings against Polish Judge Igor Tuleya, demanding an immediate action from the European Commission:

To Her Excellency Ms. Vera Jourová, European Commissioner of Values and Transparency and His Excellency Mr. Didier Reynders, European Commissioner of Justice.

Your Excellencies, While the whole legal community in Europe welcomed the European Court of Justice’s decision of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges, Polish authorities openly ignore it.

MEDEL

MEDEL welcomes the decision of the European Court of Justice of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.

The court pointed out that the fact that the independence of the Sąd Najwyższy may not be guaranteed is likely to cause serious damage to the EU legal order, to the citizens’ rights and to the values set out in Article 2 TEU, on which the EU is founded, in particular the rule of law. Consequently, the application of the national provisions at issue, in as much as they confer jurisdiction for ruling in disciplinary cases concerning judges of the Sąd Najwyższy and of the ordinary courts to a body, namely the Izba Dyscyplinarna, whose independence might not be guaranteed, is likely to cause serious and irreparable harm to the EU legal order.

You are here: MEDEL Activities An independent judiciary