News
Tirza Del Carmen Flores Lanza and Guillermo López Lone, appeal court judge and judge in the district court of San Pedro Sula, Honduras, together with two colleagues, took part in a demonstration against the coup d’État that in 2009 deposed president Zelaya. Both have been members and co- founders of the Asociación de Jueces por la Democracia, in Honduras.
During this time, the judges took actions in defense of the rule of law and carried out their duties to defend it. They were dismissed from their positions for actions such as participating in demonstrations against the coup, publishing newspaper articles opposing the new government and making comments against the coup to judicial colleagues.
MEDEL wishes to express its support to the decision of the European Commission to transfer Poland to the Court of Justice of the EU due to violations of the principle of judicial independence created by the new Polish Law on the Supreme Court and to ask the Court to order interim measures until it has issued a judgment on the case.
AVOCATS/MAGISTRATS DUO/DUEL, Colloque 26 mai 2018, Maison des Associations Internationales (40, Rue de Washington, Bruxelles)
CONCLUSIONS
Dans son rapport présenté au Conseil des droits de l'homme de l'ONU en juin 2017, le Rapporteur Spécial sur l'Indépendance des Juges et des Avocats a constaté, notamment, que :
- L'état de droit ne peut être protégé que s'il existe un système effectif de séparation des pouvoirs qui garantisse l'indépendance de l'institution judiciaire ;
- Les ingérences, les pressions et les menaces risquent fortement de compromettre l'indépendance des juges et de rendre ceux-ci particulièrement vulnérables face à la corruption
The General Assembly of the European Network of Councils for the Judiciary (ENCJ) decided in its meeting of September 17th, 2018, to suspend the membership of the Polish Judiciary Council (KRS - Krajowa Rada Sądownictwa).
The ENCJ concluded that currently the KRS is not "independent of the executive and legislature" and therefore is not capable of ensuring "the final responsibility for the support of the judiciary in the independent delivery of justice".
Although deeply regretting that the situation had to reach this outcome, MEDEL wishes to express its full support to the decision of the ENCJ.
After changes of law implemented in December 2017, KRS became fully dependent of the executive and legislative powers. This happened despite the changes have received unequivocally negative opinions of national and European organisations of judges, prosecutors and lawyers.
The General Assembly of the European Network of Councils for the Judiciary (ENCJ) decided in its meeting of September 17th, 2018, to suspend the membership of the Polish Judiciary Council (KRS - Krajowa Rada Sądownictwa).
The ENCJ concluded that currently the KRS is not "independent of the executive and legislature" and therefore is not capable of ensuring "the final responsibility for the support of the judiciary in the independent delivery of justice".
Although deeply regretting that the situation had to reach this outcome, MEDEL wishes to express its full support to the decision of the ENCJ.
After changes of law implemented in December 2017, KRS became fully dependent of the executive and legislative powers. This happened despite the changes have received unequivocally negative opinions of national and European organisations of judges, prosecutors and lawyers.
You can download and spread these gif images in solidarity with Polish Judges.
For more than two years, MEDEL has been observing the process of deterioration of the rule of law in Poland. During this time MEDEL has repeatedly called upon Polish authorities to stop this process, to restore the principle of separation of powers and to ensure the independence of the judiciary.
The Government of Poland as well as the President of Poland seem to ignore the appeals of the international judicial community and continue to implement its “reforms” of the judiciary, which in fact are only focused on subordinating judiciary to executive power.
For more than two years, MEDEL has been observing the process of deterioration of the rule of law in Poland. During this time MEDEL has repeatedly called upon Polish authorities to stop this process, to restore the principle of separation of powers and to ensure the independence of the judiciary.
The Government of Poland as well as the President of Poland seem to ignore the appeals of the international judicial community and continue to implement its “reforms” of the judiciary, which in fact are only focused on subordinating judiciary to executive power.
MEDEL considers that the decision not to let the humanitarian and rescue ship “Aquarius” dock at an Italian port has seriously damaged the values on which the spiritual and moral heritage of the European Union is founded.
The human tragedy of current migration flows occurring every day in the Mediterranean Sea calls Europe and its member states to fulfil the promises enshrined in the EU Charter of Fundamental Rights: the commitment to place the person at the center of the action of the European Union; the responsibility and duties with regard to other persons, the human community and future generations, so that everyone can enjoy his or her fundamental rights.
MEDEL considers that the decision not to let the humanitarian and rescue ship “Aquarius” dock at an Italian port has seriously damaged the values on which the spiritual and moral heritage of the European Union is founded.
The human tragedy of current migration flows occurring every day in the Mediterranean Sea calls Europe and its member states to fulfil the promises enshrined in the EU Charter of Fundamental Rights: the commitment to place the person at the center of the action of the European Union; the responsibility and duties with regard to other persons, the human community and future generations, so that everyone can enjoy his or her fundamental rights.
News