MEDELMEDEL – Magistrats Européens pour la Démocratie et les Libertés, has sent last Friday, December 14th, 2018, a letter to Mr. Jean-Claude Juncker (President of the European Commission) and Ms. Vera Jourová (European Commissioner of Justice, Consumers and Gender Equality), regarding the recently issued reports of the Cooperation and Verification Mechanism (CVM) on Bulgaria and Romania.

In that letter, MEDEL raises serious concerns regarding the conclusions expressed in those reports which, from its perspective, do not match the realities in both countries.

Platform for an Independent Judiciary in TurkeyMarking the 70th anniversary of the Universal Declaration of Human Rights, the Platform for an Independent Judiciary in Europe (of which MEDEL is a member) published a letter today, remembering the situation in Turkey and the violation of basic human rights in that country, mainly in what regards the right to a fair trial and an independent Judiciary.

MEDELBelow you can find some of the presentations given by the speakers in the international conference „The role of the Judges in the public debate on the rule of Law” in Sofia last month.

The conference has been organized by MEDEL and Bulgarian Judges Association.

MEDEL

At the last CA meeting of MEDEL which took place in Sofia on the 17th of November 2018, Udruženje sudija Crne Gore (Association of Judges of Montenegro) and Stowarzyszenie Prokuratorów Lex Super Omnia (Association of Prosecutors Lex Super Omnia) were admitted as MEDEL members.

MEDEL

MEDEL acknowledges the growing role of judges and prosecutors in the public debate on the Rule of Law. 

Magistrates are not only allowed to, but have the duty to participate in informing the society about the rights of citizens and to reinforce the rule of law and the perception of it.

Magistrates shall also publicly oppose the violation of the rule of law and voice their disapproval upon the implementations of legal acts violating it.

MEDEL

The right to association and freedom of speech is one of the basic human rights in a democratic society.

Nevertheless, having in mind situation in Serbia, MEDEL noticed the trend of formation of professional organization of judges and prosecutors, which operation is primarily directed to the confirmation or justification of previously presented opinions and visions of governmental authorities.

MEDEL

MEDEL and Bulgarian Judges Association will organize on Friday, November 16th, an international conference on the subject „THE ROLE OF JUDGES IN THE PUBLIC DEBATE ON THE RULE OF LAW”.

The conference will take place at the Sofia Balkan Hotel and will have speakers from different European countries.

MEDEL statement on the rescue ship Aquarius

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.

MEDEL/AEDAVOCATS/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

MEDEL statement on the rescue ship AquariusThe 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 are here: MEDEL News Europe News