MEDEL letter to Frans Timmermans about the disciplinar proceedings against Judges in Poland

MEDELMEDEL has addressed on February 20th, 2019, to Frans Timmermans, Vice-President of the European Commission, the letter here below, about the disciplinar proceedings against Judges in Poland.

Your Excellency, MEDEL – Magistrats Européens Pour la Démocratie et les Libertés, (a European Non‑Governmental Organization that currently gathers 23 associations of Judges and Prosecutors coming from 16 different European Countries, representing more than 15.000 magistrates), has been following closely the ongoing attack against the independence of the Judiciary in Poland.

We have had the opportunity of addressing those issues and expressing our support for the decision taken by the European Commission to press charges against Poland before the European Court of Justice, in an email sent to you on October 1st, 2018.

Despite the criticism from the European Commission and the decisions taken against Poland by the ECJ, the Polish government seems to continue its campaign directed to undermine the independence of the Judiciary, now using the disciplinary proceedings against judges as a way of threatening them.

One of such cases involves directly Monika Frackowiak, member of the Bureau of MEDEL, who is being subjected to a persecution by the disciplinary office. Disciplinary proceedings filed against her do not comply with the minimum requirements of transparency or fair trial and it is clear that she is being persecuted because of her positions in the boards of IUSTITIA and MEDEL.

We are aware that Prof. Krystian Markiewicz, President of the National Board of the Polish Judges Association IUSTITIA, has addressed a letter to you on February 13th, 2019, explaining in detail the current situation in Poland, and also specifically in what concerns Monika Frackowiak.

MEDEL hereby wishes to express full solidarity and subscribe in totum the content of that letter and the appeal made to you “for referring Poland to the CJEU in connection with the regulations concerning the disciplinary proceedings against judges and the actions of the politically dependent NCJ”.

Seen the strong position the European Commission and you in particular have adopted in the defense of the independence of the Judiciary in Poland, we are confident that you will take in good consideration this important appeal.

Yours sincerely,

FILIPE MARQUES, m.p.

President of MEDEL - Magistrats européens pour la démocratie et les libertés

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