MEDEL

MEDEL is taking part online today at the meeting between the National Councils of the European Movement of Portugal, Spain, France, Italy, Greece, Cyprus, Malta and Croatia (Med 8), taking place in Rome, on the eve of the second plenary session of the Conference on the future of Europe.

Filipe Marques will take the floor to address the issues related to the challenges of protecting Rule of Law in Europe.

EU

The European Commissioner of Justice, Didier Reynders, replied to the letter sent in July by MEDEL, AEAJ, Judges for Judges and EAJ, in reaction to the decisions of the European Court of Justice of 15 July 2021 (Case C-791/19) and also of 14 July 2021 in pending case C-204/21 (regarding the ‘Muzzle law’). You can read the letter below:

Honourable Presidents, Thank you for your letter sent to President von der Leyen, in which you refer to the two recent rulings of the Court of Justice, issued in cases C-791/19 and C-204/21R, and developments that ensued thereafter, in particular as regards the reaction to these rulings of the Constitutional Tribunal, the First President of the Supreme Court, and the Minister of Justice.

MEDEL

MEDEL issued a statement on the decision of the Polish Constitutional Court of 07 October 2021:

The backsliding of Rule of Law in Poland has known another important chapter, with the decision issued by the Polish Constitutional Court on 07 October 2021.

MEDEL has been for many years raising concerns about the serious situation of the Polish Constitutional Court. In its statement of 13 July 2017 (https://www.medelnet.eu/index.php/news/europe/383-medel-communique-on-the-situation-of-the-constitutional-court-in-poland), MEDEL already pointed out that “the ruling majority in Poland has in practice eliminated the Constitutional Court from Polish legal system. It has affected the independence of the Constitutional Tribunal by appointing a working majority of loyalists to the Government”, highlighting that “it is striking that a country which has suffered so much from fascism and communism is depriving itself of a crucial safeguard introduced to prevent dictatorship”.

neweuropeansMedel stands in solidarity with the free Belarus Journalists and took part today, October 11th, at the event on the Press Club in Brussels:

Update on the situation of Belarus journalists - Press Club Brussels Europe

The Belarus Supreme Court dissolved on 27 August the Belarusian Association of Journalists (BAJ), the only independent representative organisation of journalists and media workers in Belarus and one of the country’s most prominent champions of freedom of expression.

Ministere de la JusticeThe French Minister of Justice replied to the letter sent by MEDEL, AEJ, AEAJ and Judges for Judges.

Medel once again urges for the need of a coordinated action of national governments and EU authorities, in order to rescue the Afghan magistrates, especially women, who face grave danger.

MEDEL

MEDEL issued a statement regarding the Opinion adopted on 13 July 2021 by the Human Rights Committee of the United Nations, under article 5, paragraph 4, of the Optional Protocol, in respect of Communication No. 2844/2016, presented by the Spanish Judge Baltasar Garzón:

MEDEL – Magistrats Européens pour la Démocratie et les Libertés took notice of the Opinion adopted on 13 July 2021 by the Human Rights Committee of the United Nations, under article 5, paragraph 4, of the Optional Protocol, in respect of Communication No. 2844/2016, presented by the Spanish Judge Baltasar Garzón.

EU

Today, September 7th 2021, the European Commission decided to act in order to guarantee the respect of the decisions issued by the Court of Justice of the European Union in defence of the Polish justice system.

The Commission decided to request the CJEU to impose a daily penalty payment on Poland to ensure compliance with the Court's interim measures order of 14 July 2021, requested under Article 279 TFEU, related to the functioning of the Disciplinary Chamber of the Polish Supreme Court and the suspension of further provisions of Polish law affecting judicial independence.

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

The Platform for an Independent Judiciary in Turkey (Medel, EAJ, AEAJ and Judges for Judges) sent a letter to the Council of Europe and to the EU Commission (DG Justice and DG Enlargement), stating that:

- continues to stand in solidarity behind the unlawfully and illegally detained and/or dismissed Turkish judges and prosecutors;

- strongly urges the European institutions to call on Turkey to provide guarantees and standards for a de iure and de facto independence of the judges and prosecutors as well as to take responsibility to demand so in their various partnerships and relations with Turkey;

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

MEDEL, European Association of Judges, Association of European Administrative Judges and Judges for Judges have sent today a letter to Ursula von der Leyen, Charles Michel and David Sassoli, stressing the need for an urgent and strong reaction to the recent developments in the Polish Judiciary. You can read the letter below.

Four European Associations of Judges and Prosecutors took notice with great concern of the recent developments in Poland in reaction to the decisions of the European Court of Justice of 15 July 2021 (Case C-791/19) and also of 14 July 2021 in the pending case C-204/21 (regarding the ‘Muzzle law’).

MEDEL

(EN) MEDEL has issued a statement regarding the recent developments in the Polish Judiciary and the decisions of the Court of Justice of the European Union.

(FR) MEDEL a publié une déclaration concernant les récents développements dans le système judiciaire polonais et les décisions de la Cour de Justice de l'Union Européenne.

MEDEL welcomes the two critical European Court of Justice’s decisions delivered last week in the so-called “Polish cases”– order issued on 14th of July 2021 in case C-204/21 and final verdict of one of the infringement procedures – case C-771/19, rendered on 15th of July 2021. Both of these decisions relate to the principle of independence of the judiciary. Under the ECJ’s ruling of 14 July, supplemental to an earlier ECJ ruling of 8 April 2020 (“muzzle law”), the Disciplinary Chamber of the Supreme Court has been found invalid in all cases related to judges – disciplinary and immunity.

In the verdict delivered on 15th of July, ECJ explicitly states that the Disciplinary Chamber does not fulfil the criteria of an independent and impartial court. ECJ also emphasised that Polish disciplinary system of judges fails to guarantee fundamental rights of defendants. Both these decisions confirm the essential European Union’s cornerstone legal principle of independence of justice.

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