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.

Online event "Europe for Poland"

In defence of #RuleOfLaw and Independence of the Judiciary in #Poland and in #Europe.
Thank you to @RaftoFoundation, @ProfPech, @JudgesSsp and @lex_super_omnia.

Watch the recording here:

Online event "Europe for Poland"Join Rafto Foundation and MEDEL next Friday, October 2nd, at 10am (CET), at an online event in support of the independence of the Judiciary and Rule of Law:

On Monday 5 October the “Disciplinary chamber” of the Polish Supreme Court will hear a motion presented by the National Prosecution Office to waive the immunity against criminal prosecution for Judge Igor Tuleya of the Warsaw district court. This is a second attempt to waive his immunity after the refusal of a first motion in June this year.

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. 

MEDEL

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.

MEDELIn its Council of Administration held in Firenze, Italy, on September 19th, 2020, MEDEL approved:

- the Declaration of Firenze, on the Independence of the Public Prosecution;

- a statement on the visit to Turkey of the President of the ECHR.

You may find them here.

MEDEL

Upon invitation of Turkey's Minister of Justice, the President of the European Court of Human Rights, Robert Spano, made an official visit to Turkey on 3rd September 2020, where he received an honorary doctorate from the Istanbul University. During his visit, he gave a speech at the Turkish Judicial Academy, had a meeting with President Recep Tayyip Erdoğan and also met and took pictures with other AKP executives.

MEDEL sees with great concern the fact that the President of the ECHR accepted an honorary doctorate from one of the academic institutions that since the failed coup d’état of July 2016 have dismissed more than 5.000 academics, without any due process or guarantees.

MEDEL

Since the Palermo Declaration “Elements of a European Statute of the Judiciary”, adopted on 16 January 1993, MEDEL affirmed that the autonomy of the public prosecutor constitutes a fundamental instrument of the independence of jurisdiction. As public prosecutors contribute to a fair, impartial and efficient justice- system, they should enjoy guarantees equivalent to those of judges, without external interferences or undue pressure[1]. 

MEDEL reaffirmed in the “Naples Declaration of Principles Concerning the Public Prosecutor”, adopted on 2 March 1996, the essential role of public prosecutors in protecting the Rule of Law, as well as the need of a parallel statute of judges and prosecutors guaranteeing independent performance of duties.[2]

MEDELInternational conference "Public Prosecution and Rule of Law in Europe".

Watch live, today (18/09/2020), from 9.15am.
 
Translation to English and live chat available to join the debate.

Joınt Statement on the arrest of 48 Lawyers and 7 Intern Lawyers in Ankara, Turkey (16.9.2020)MEDEL has co-signed a joint statement, published today, on the mass arrest of lawyers in Turkey. You can read it below:

Through the new “alternative bar associations” legislation and President Erdogan’s own words “Those who act as the lawyers of terrorists may not act like terrorists themselves. If they do so, there must be a price to pay”, which he said in the presence of judges and prosecutors in the new judicial year opening ceremony, the Turkish government had already signaled that a new phase in the persecution of lawyers was about to start. Only a few days after President Erdogan’s speech, today (11 September 2020), the Ankara Chief Public Prosecutor has ordered the arrest of 48 lawyers, 7 trainee lawyers, 4 purged judges and a law graduate, for being “members of a terrorist organisation”

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