Polish government demands the end of political discussions with the EU over rule of law

Reporting to the European Commission on the implementation of its recommendations regarding rule of law, the Law and Justice government is demanding the end of the procedure implemented under Article 7 of the Treaty on the EU. In the report, the government makes unsubstantiated claims that the changes into judiciary are addressing ‘high public expectations’

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Supreme Court legend quits in response to President’s decision

Judge Stanisław Zabłocki, President of the Supreme Court and chairman of the Criminal Chamber, has announced his retirement in conjunction with recent modifications to the court’s rules that force heads of chambers to assign cases to appointees whose status is presently being questioned before the European Court of Justice.

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A country that punishes. Pressure and repression of Polish judges and prosecutors (KOS Report)

The Justice Defence Committee (KOS) presented a report on radical changes in the system of disciplinary responsibility of judges, which appeared together with the Supreme Court Act of December 2017. The report documents the repression that the government applies to prosecutors and judges.

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Polish Constitutional Tribunal did not yet legalize National Council of Judiciary [explainer]

The expected ruling of the Constitutional Tribunal would confirm that the current Polish National Council of Judiciary (KRS), suspended from the European Networks of Councils of Judiciary in September 2018, is legal and capable of guaranteeing independence of judiciary, which critics claim it is not

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Poles support the European Commission in its defence of the rule of law in Poland [poll results]

56 per cent of respondents in Poland would like the European Commission to continue demanding that the Law and Justice party authorities observe the rule of law in Poland, while just 39 per cent would prefer it to “forgive the government”.

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Legalisation of the National Council of the Judiciary by the Constitutional Tribunal cancelled Is it for fear of Polexit?

‘Why was the hearing cancelled? Either there is a problem with the unanimity of the judges, while the Tribunal likes to speak as one in political matters, or the leaders of the party and the government stopped the consideration of the case, fearing a suspected Polexit.’ argues Ewa Siedlecka in her article

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3,000 Polish judges want the dismissal of the National Council of the Judiciary

3007 judges (91 p/c of all those who took part in the vote) are convinced that the new National Council of the Judiciary (KRS) is not performing the tasks it should and 2881 of them believe it should resign. These are the results of a referendum in as many as 139 courts to date. The referendum is underway in the remaining courts. Poland has ca 10 000 judges

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REPORT of the Stefan Batory Foundation Legal Expert Group on the impact of the judiciary reform in Poland in 2015-2018

The measures adopted by the ruling majority, the Government and the President appear to intend to ensure that the executive and legislative branch can take control of the judiciary and as such they raise serious concerns about the separation and independence of courts in Poland.

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Poland: From Paradigm to Pariah? Polish constitutional crisis – interpretations

Explanation and interpretation of the nature and possible causes of the the „Polish constitutional crisis”, i.e. backsliding on the part of Poland into authoritarianism. Firstly, historical – unique nature of the Polish transition from Communism to democracy. Secondly, legal explanation ascribes the crisis to the immaturity of Polish legal culture, in particular its excessive formalism. Third explanation is sociological and interprets the Crisis as one of liberal values in contemporary Polish society.

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3rd European Commission Report on rule of law in Poland: it’s getting worse

The report contains Commission’s position for the hearing of Poland before the Council of the EU on 11 December 2018. Commission maintains that Poland does not comply with its recommendations concerning the rule of law. The recent amandment to the law on Supreme Court is seen as a positive development. But other problems remain

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The Democratic Backsliding and the European constitutional design in error. When will HOW meet WHY?

The democratic backsliding is not just another crisis of governance. Rather it strikes at the very core of the initial bargain that brought states together. Therefore the constitutional redesign should go beyond legal and procedural patching and include renewed acknowledgement of the common values and interests and involving people, beyond states and markets

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Position of the Stefan Batory Foundation Legal Expert Group on the amendment to the law on the Supreme Court adopted on 21 November 2018

Batory Foundation Legal Expert Group concludes that nothwitstanding the positive direction of the Amendment Act on the Supreme Court, it is primarily an instrument to obtain desired effect in the negotiations with the EU.

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Freedom House Report „Nations in Transit” 2018 – a dramatic decline of Poland’s Democracy Score

The report „Nations in Transit” published yearly by Freedom House analyses key factors of democratic rule in the post-communist countries in Europe and Central Asia. In the 2018 edition, Poland recorded the largest category declines and the second-largest Democracy Score decline in the history of the Report

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„Existential Judicial Review” in Retrospect, „Subversive Jurisprudence” in Prospect: The Polish Constitutional Court Then, Now and … Tomorrow

The symbolic jurisprudence and the rule of law will never be wiped out entirely as long as judicial review and the Constitution will be reinforced by the ordinary courts, and as long as citizens do not forget about the institution they used to call “Polish Constitutional Court”. Once the ordinary judges fail the test, and cave in to the political pressure, and the citizens forget, subversive jurisprudence will indeed reign supreme

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Six bold resolutions of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw of 20 September 2018

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw points out that the method of forming a part of the membership of the National Council of the Judiciary through the appointment by the Sejm of 15 judges gives rise to serious reservations as to its compliance with the Constitution of the Republic of Poland and EU standards

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Position of the Stefan Batory Foundation Legal Expert Group on the procedure for selecting Supreme Court judges

Unconstitutional selection panel, unconstitutional and unreliable selection procedure and lacking candidates taking part in the gross betrayal of the values underlying legal professions.

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Poles agree: EU Court of Justice has the right to stop illegal judiciary reform [POLL]

According to the latest poll, majority of Poles believe that the Court of Justice of the EU is entitled to stop Law and Justice’s judiciary reform if it concludes that the EU rules have been violated. The Polish people widely support firm actions by the Court against the right-wing government

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An open letter in defense of the Chief Justice of the Supreme Court of Poland Professor Małgorzata Gersdorf

We firmly hold the view that Professor Małgorzata Gersdorf is the only lawful and legitimate incumbent of the office of Chief Justice until 30 April 2020, i.e. until the end of her constitutionally designated term of office

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Devastation of Poland’s Supreme Court and judicial independence: the situation in July 2018

Following initiation of infringement procedure by the EC, the ruling majority made a deliberate effort to take over the Supreme Court in July 2018, before the EU Court of Justice had a chance to assess the law on the Supreme Court.

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