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Resolution on situation in Poland

On April 16th, 2011 the General Assembly of MEDEL had a meeting in Warsaw.

During the meeting was examined and discussed the situation of the Polish Judges, as reported by a Document submitted by the representatives of the Association IUSTITIA.

Medel expresses its strong support to the Resolution of the Polish Judges Association Iustitia of  April 8th, 2011 and shares the deep concerns formulated by Iustitia.

Medel deems that the present Polish Law connecting the remuneration of the judges with other professions’ is fair and accurate.  In fact, it is consistent with analogous legal regulations existing in several European Countries.

Indeed, it not only clearly shows that judges are part of a society and share their problems; but, above all, avoids to submit the judges to a continue pressure related to their economic conditions  and therefore is a tool for the protection of their independence.

Medel deems that the present Law have to be preserved.

Medel adds that any attempts to suspend annual adjustments of remuneration of Polish judges leads to lowering their remuneration which is contrary to the Recommendation Rec(2010)12 of the Committee of Ministers of Council of Europe to member states regarding judges: independence, efficiency and responsibilities (November 17th, 2010).  Furthermore, the aforementioned changes are contrary to the Polish Constitution.

Medel shares the deep concerns of the Polish colleagues. And underlines that these interventions on the salaries of the judges can create a new wave of protests in the Polish judiciary. A risk that must be absolutely avoided.


Rome, April 26th, 2011

Vito Monetti

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