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.

MEDELLast months and weeks turned upside down the world as we know it. Thousands of people already lost their lives as the result of the COVID-19 pandemic, many more are struggling with the disease, we all live in fear for health – our relatives’ and ours. Inevitable economic crisis will strike everyone, we will face multitudes of unemployed, many will fall into extreme poverty. We enter this new reality with fear, remembering the not so distant history, especially of the economic crisis in the 30’s decade of last century, which became the breeding ground for populism and nationalism resulting in the great tragedy of World War II.

These experiences gave us a lesson of the need for international collaboration and solidarity and of the key role of democracy, separation of powers and human rights.

MEDEL

MEDEL welcomes the decision of the European Commission announced on January 14th, 2020, requesting the European Court of Justice to apply Interim Measures in the infringement procedure regarding the disciplinary regime for Polish judges. 

The situation in Poland significantly deteriorated over the last months, with new laws intended to further weaken judicial independence and to effectively forbid the implementation of ECJ rulings in Poland.

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