MEDEL - Magistrats européens pour la démocratie et les libertés

MEDEL - Magistrats européens pour la démocratie et les libertés

Monday, May 10th

M E D E L

News

MEDELMEDEL issued a statement today on Advocate General Tanchev's opinions in cases C-487/19 and C-508/19 and the termination of Adam Bodnar's mandate as Polish Ombudsman, decided by the politically captured Polish Constitutional Court.

MEDEL welcomes the opinions delivered on 15 April 2021 by CJEU’s Advocate General Evgeni Tanchev in cases C-487/19 and C-508/19 – requests for preliminary ruling from the Polish Supreme Court.

In both opinions, Advocate General underlined that the right to a tribunal established by law, affirmed by the second subparagraph of Article 19(1) TEU in the light of Article 47 of the Charter, must be interpreted in the sense that a court does not meet the requirements to constitute such a tribunal established by law in a situation where the judge concerned was appointed to that position in flagrant breach of the laws of the Member State.

MEDELStatement of MEDEL of solidarity with its brazilian Public Prosecution partner organisations, regarding the proposed changes intended to reduce the role of Public Prosecution in criminal investigations (in English and Portuguese):

MEDEL – Magistrats Européens pour la Démocratie et les Libertés has been given notice by its partner organisations of Brazilian Public Prosecutors, of the ongoing debate in the Brazilian Parliament about changes to the Criminal Procedure Code, namely the opinion presented on April 14th, 2021, suggesting that the competence in criminal investigation should be given to the police, leaving to the Public Prosecution a mere accessory role.

MEDEL

MEDEL issued a statement today on the situation in Romania. 

MEDEL a publié aujourd'hui un déclaration sur la situation en Roumanie.

MEDEL learned with great concern about the statements and opinions expressed by high-ranked officials of the Romanian Government and of the governing political parties regarding a decision of a last instance court concerning the case known as “the 10th of August”. Statements that vehemently refuse to accept a definitive court decision and command the Minister of Justice to find solutions to re-discuss a case already decided in court are inacceptable in a democracy that prides itself in upholding the rule of law.

Platform for an Independent Judiciary in TurkeyThe extraordinary situation of violation of the independence of the judiciary in Turkey has induced all four European Associations of Judges to join together in their activities:

• The Association of European Administrative Judges (AEAJ),
• The European Association of Judges (EAJ),
•  Judges for Judges and
•  “Magistrats Européens pour la Démocratie et les Libertés” (MEDEL)

And form a Platform: Platform for an Independent Judiciary in Turkey. 

Since its creation, the Platform has been working together to promote the independence of the Judiciary in Turkey and the right to freedom and a fair trial to all the Judges and Prosecutors detained.

Here we gather the main documents issued by the Platform:     

Platform Letter Council Europe - 1-8-2016-4SG1.89 MB
Platform Letter Council Europe - 1-8-2016-4PACE1.9 MB
Situation of Turkish Judiciary - Platform Report417.14 KB
Turkey Platform Conclusions163.96 KB
Statement on the eve of the EU-Turkey leaders’ meeting in Varna114.84 KB
70th anniversary of the Universal Declaration of Human Rights and its observation in Turkey160.88 KB
Criminal conviction of Mr Murat Arslan117.89 KB
Platform Letter Secretary-General Council Europe - 15-07-2020
Statement of the Platform for in Independent Judiciary in Turkey (31th August 2020) (.pdf)157.11 KB

Links to the other member association webpages of the Platform:

The Association of European Administrative Judges (AEAJ)

The European Association of Judges (EAJ), Regional Group of the International Association of Judges (IAJ)

The Judges for Judges

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)

The European Court of Human Rights has once again rejected the third party intervention that MEDEL, AEJ and AEAJ had presented on the cases Murat Ulusoy vs. Turkey and 168 others (application 73062/16), Samil Sevinc vs. Turkey and 252 others (application 63634/16) and Ibrahim Tufan Ataman vs. Turkey and 53 others (application 14676/17), all regarding our Turkish colleagues that have been expelled.
 
The associations that form the Platform for an Independent Judiciary in Turkey issued on that regard a statement you may find HERE.
 
The only way we understand this rejection is that the Court is already fully informed about the situation in Turkey and will soon decide in favour of our colleagues.
 

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)

The European Court of Human Rights has once again rejected the third party intervention that MEDEL, AEJ and AEAJ had presented on the cases Murat Ulusoy vs. Turkey and 168 others (application 73062/16), Samil Sevinc vs. Turkey and 252 others (application 63634/16) and Ibrahim Tufan Ataman vs. Turkey and 53 others (application 14676/17), all regarding our Turkish colleagues that have been expelled.
 
The associations that form the Platform for an Independent Judiciary in Turkey issued on that regard a statement you may find HERE.
 
The only way we understand this rejection is that the Court is already fully informed about the situation in Turkey and will soon decide in favour of our colleagues.
 

MEDEL

MEDEL fully endorses the nomination of its member Iustitia for the Peace Nobel Prize!
 
Quoting Secretary-General of the UN Antonio Guterres, at the 2020 Peace Bell Ceremony on the anniversary of the International Day of Peace, "We have solid evidence that human rights, respect for the rule of law, access to justice and opportunities for all are the building blocks for peaceful communities and societies”.

 
 

MEDEL

MEDEL fully endorses the nomination of its member Iustitia for the Peace Nobel Prize!
 
Quoting Secretary-General of the UN Antonio Guterres, at the 2020 Peace Bell Ceremony on the anniversary of the International Day of Peace, "We have solid evidence that human rights, respect for the rule of law, access to justice and opportunities for all are the building blocks for peaceful communities and societies”.

 
 

MEDEL

MEDEL issued today a statement, condemning the decision of the Polish Minister of Justice (acting as Prosecutor General) to transfer independent prosecutors hundreds of kilometres away from the places they live. You can read the statement below:

For the last 5 years, MEDEL has repeatedly expressed its concern, disbelief and indignation about the process of devastation of Rule of Law in Poland. The constitutional check and balance guarantors, such as the Constitutional Court and the National Judicial Council have been disabled.

MEDEL

MEDEL issued today a statement, condemning the decision of the Polish Minister of Justice (acting as Prosecutor General) to transfer independent prosecutors hundreds of kilometres away from the places they live. You can read the statement below:

For the last 5 years, MEDEL has repeatedly expressed its concern, disbelief and indignation about the process of devastation of Rule of Law in Poland. The constitutional check and balance guarantors, such as the Constitutional Court and the National Judicial Council have been disabled.

  1. Statement of the Board of the Lex Super Omnia Prosecutors' Association of 18 January 2021 on the harassment of prosecutors
  2. Statement of the Board of the Lex Super Omnia Prosecutors' Association of 18 January 2021 on the harassment of prosecutors
  3. Online event "The judiciary: possible ways of development. March of a Thousand Gown a year later"
  4. Online event "The judiciary: possible ways of development. March of a Thousand Gown a year later"
  5. MEDEL Council of Administration on Rule of Law and independence of the Judiciary
  6. MEDEL Council of Administration on Rule of Law and independence of the Judiciary
  7. 5231 judges and prosecutors have signed the open letter of Iustitia to the European Commission
  8. 5231 judges and prosecutors have signed the open letter of Iustitia to the European Commission
  9. Iria González at the CEPEJ plenary meeting
  10. Iria González at the CEPEJ plenary meeting

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Situation in Turkey

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