MEDELDeclaration of MEDEL on the governmental Draft of the Law Amending the Law on the National Judicial Council and Other Relevant Laws (UD73)

MEDEL (Magistrats Européens pour la Démocratie et les Libertés) is an organization of European judges and prosecutors created with the main purpose to defend the independence of the judiciary, democracy and human rights. It currently comprises 22 national associations from 15 European countries, including Poland, and is an observer member of the Consultative Council of European Prosecutors of the Council of Europe (CCPE) and the Consultative Council of European Judges of the Council of Europe (CCJE).

MEDELTo Her Excellency, The President of the National Assembly of the Republic of Bulgaria Ms. TSETSKA TSACHEVA DANGOVSKA.

Your Excellency, MEDEL (Magistrats Européens pour la Démocratie et les Libertés), an organization of European judges and prosecutors created with the main purpose to defend the independence of the judiciary, democracy and human rights, currently comprises 22 national associations from 15 European countries, including Bulgaria, and is an observer member of the CCPE and the CCJE (within the Council of Europe).
It has come to our knowledge that the Bulgarian National Assembly is discussing amendments to the Judiciary System Act, and that included in those amendments is a proposal by the Parliamentary legislative committee that demands judges and prosecutors to declare before the Supreme Judicial Council their membership in professional organizations. According to the same proposals, the Supreme Judicial Council would maintain a registry containing these declarations.

 Pologne: la grogne des jugesNouveau coup de canif à la démocratie en Pologne... Les dérives autoritaires du gouvernement sont à nouveau pointées du doigt. Le commissaire aux droits de l'Homme du Conseil de l'Europe fait part de son inquiétude au lendemain de l'adoption d'une loi sur le Tribunal constitutionnel par le Parlement polonais : une "grave menace pour l'Etat de droit" selon Nils Muiz-Nieks.

La crise autour de cette réforme figurait d'ailleurs à l'ordre du jour de la rencontre entre Barack Obama et son homologue polonais, en marge du sommet de l'OTAN.

EUMarking the anniversary of Giovanni Falcone’s assassination by the Mafia in 1992, MEDEL pronounced the 23rd of May as the alert day for the independence of justice in Europe. 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.

In the last decade, many threats came to light, leading to a growing mistrust of citizens towards the European integration project: the economic and financial crisis; the threat of terrorism; the migration phenomenon. All of these threats, and the responses given by European institutions and national governments, while putting in danger the integration effort, have nonetheless underlined the essentiality of an independent judiciary that all over Europe must be able to protect the basic freedoms and rights of all citizens.

MEDELMEDEL's opinion on the construction of a international investment court for TTIP – proposal of the European Commission from 16.09.2015 and 12.11.2015

“Remove justice and what are kingdoms but gangs of criminals on a large scale? What are criminal gangs but petty kingdoms?” - Augustine of Hippo, De Civitas Dei

MEDELDark clouds hang over Europe as threats to fundamental rights and freedoms arise from all countries and governments.

In the last months, European governments – under the passivity of the European institutions – have carried out a series of measures aimed to destroy the basis of the rule of law.

Greece crisisOn the 30th anniversary of MEDEL – Magistrats Européens pour la Démocratie et les Libertés - Solidarity, Dignity, Justice

In June 1985, a group of European magistrates  - judges and prosecutors - founded MEDEL - Magistrats Européens pour la Démocratie et les Libertés, based on the strong belief that a united Europe could not be limited to free markets, but had to be based on fundamental rights and the Rule of Law in democratic societies.

Thirty years later, Europe has changed in ways that were then hardly imaginable – totalitarian regimes have fallen, democracy spread, borders opened and several new Member States joined the European Union.

AppealAppeal - Democracy requires independent courts, judges and prosecutors

(An independent and active justice is essential to the development of awareness about the social relevance of the fundamental rights)

In a democracy, all citizens must hold the principle that rulers and the ruled are equally subject to respect objectives rights and duties enshrined in Constitutions, Treaties and Charters of Fundamental Rights. The defence of a truly national and European citizenship therefore takes on two key dimensions: a normative guarantee of rights and an effective implementation.

National constitutions, bills of rights and the European treaties have granted to the courts - all courts - a right and a duty not to enforce unconstitutional laws or laws which contravene the fundamental rights therein enshrined.

Haşim KılıçMEDEL is calling on all public authorities and media in Turkey to cease attacks against the Constitutional Court President Haşim Kılıç

Medel is following closely the discussions on the judicial reform bill currently before the Turkish Grand National Assembly. MEDEL would like to stress that an independent and impartial judiciary, based on a clear separation of powers and in line with European standards, is key for a democratic system of checks and balances.

We call on the Government and Parliament of Turkey to anchor any reform of the Judiciary to the criteria of the Venice Commission, particularly to respect the role of the Constitutional Court and to abide the decisions of the Constitutional Court.

Assises de la JusticeA delegation of MEDEL, among others including its president António Cluny (Portugal) and Hans-Ernst Boettcher (Germany) (photo) participated in the two day conference "Assises de la Justice", organized by the European Commission.

It was a gathering of judges, lawyers, scholars and (EU) policy makers to collect ideas on how to achieve a true European area of justice and meet the expectations of the citizens.

The written contribution of MEDEL can be found here.

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