The relentless threats to the Polish judiciary from the state’s ruling “Law and Justice” party have taken yet another distressing turn. Just Security reports on the state’s new Disciplinary Office for Common Court Judges, designed to control and punish individual judges who stand up for the rule of law. As the article notes:
Together with the politicization of the Disciplinary Chamber, the message is clear for all members of the judiciary: follow the party line or face the consequences. Indeed, there are early indicators that most of the disciplinary actions taken against judges so far have targeted judges who have been outspoken on issues of judicial independence and the rule of law.
It has been a while since we checked in on Poland’s judicial reforms, most of which have been openly hostile to the country’s judiciary. One of the latest reforms would lower the retirement age of judges from 70 to 65, effectively removing about two dozen experienced judges from the bench, and correspondingly allowing the government to appoint new judges in their place. It’s court packing without the packing.
The European Commission sued Poland over the legislation in the European Court of Justice (ECJ), on the grounds that it was part of a larger set of “systemic threats to the rule of law” which could trigger the loss of Poland’s voting rights in the European Union. In October, the ECJ suspended the legislation pending a permanent resolution. It upheld the interim injunction on Monday.
In response, Polish President Andrej Duda signed new legislation revoking the early retirement bill. Is this a sign that the Polish government is moderating its stance on judicial reform under EU pressure? Stay tuned.
In its latest move against the Poland’s increasingly restrictive judiciary laws, the European Union has asked its top court, the European Court of Justice, to suspend a recent Polish law that would force the retirement of more than one-third of its top judges.
The body said in a statement that “the Polish law on the Supreme Court is incompatible with EU law as it undermines the principle of judicial independence.”
Poland’s law on the retirement of judges at the Supreme Court put 27 of 72 judges at risk of being forced to retire, the Commission said, with no clear criteria on who can stay.
The Commission gave Warsaw a first warning in July, when the law took effect, and followed it up with another step in August before taking Monday’s decision.
Previous coverage here, here, here, here, and here.
In the wake of a new Polish law lowering the mandatory retirement age of judges from 70 to 65, the European Union has advanced to the next stage of its infringement procedure against the PiS (Law and Justice Party) led government.
The new Polish law on the Supreme Court lowers the retirement age of Supreme Court judges from 70 to 65, which puts 27 out of 72 sitting Supreme Court judges at risk of being forced to retire. This measure also applies to the First President of the Supreme Court, whose 6-year mandate, set out in the Polish Constitution, would be prematurely terminated.
According to the law, current judges affected by the lowered retirement age are given the possibility to request a prolongation of their mandate by the President of the Republic, which can be granted for a period of three years, and renewed once. There are no criteria established for the President’s decision and no judicial review is available if the request is rejected.
The Commission’s position is that the Polish law on the Supreme Court is incompatible with EU law as it undermines the principle of judicial independence, including the irremovability of judges, and thereby Poland fails to fulfil its obligations under Article 19(1) of the Treaty on European Union read in connection with Article 47 of the Charter of Fundamental Rights of the European Union.
The Polish government has been given one month to comply with its obligations. I wish I could be optimistic that it will.
Poland’s ruling Law and Justice (PiS) party continues to press reforms to that country’s judiciary which trample on judicial independence and the autonomy of the court system. The latest reforms, which would force dozens of judges into early retirement and allow the government to hand-pick their successors, drew thousands to the streets in protest late last week.
Chanting “Shame!”, “Free courts!” and “We’ll defend democracy!”, several thousand protesters rallied in front of the presidential palace in Warsaw just hours after PiS-allied President Andrzej Duda signed into law a controversial measure effectively allowing the government to pick the next Supreme Court chief justice.
Warsaw lawyer Bozena Rojek, 68, said she had returned to protest on the same street where she had rallied against the Communist Party’s brutal 1981 martial law crackdown on the freedom-fighting Solidarity trade union. “I fought for democracy so that there would be free courts, so that we live in a free country with the rule of law,” she told AFP.
“Today everything’s crumbling right before our eyes,” Rojek added.
The European Union is entering uncharted waters as it deals with a threat to the judiciary coming from one of its own:
The executive European Commission has triggered a punitive procedure against Poland for weakening the rule of law, the first time it has used the provision. Tuesday’s meeting will see European affairs and foreign ministers from the other 27 EU states quiz their Polish counterpart.
“The Polish government has the right to reform the judiciary as long as this does not go at the expense of the independence of the judiciary,” said the Commission’s deputy head, Frans Timmermans, who is leading the case against Warsaw.
This will not be resolved quickly or quietly.
Last summer, the world watched as Poland’s ruling PiS (Law and Justice) Party instituted a series of “reforms” designed to intimidate or replace much of the state’s judiciary. The European Union has continued to put pressure on Polish authorities to revitalize judicial independence, but apparently the crackdown continues.
The Guardian reports that three high-profile Polish judges have complained of state-sponsored political intimidation:
Judges involved in politically sensitive cases or who have expressed opposition to threats to judicial independence have told the Guardian they are frequently threatened with disciplinary proceedings and even criminal charges, and in many cases are subjected to allegations of corruption and hate campaigns orchestrated by leading PiS politicians.
“I became an enemy of the state,” said Waldemar Żurek, a district court judge in the southern city of Kraków, who served as spokesman for the National Council of the Judiciary (KRS), the body that appoints and disciplines Polish judges, until it was taken over by government appointees this year.
As the public face of the KRS’s attempts to argue for judicial independence, Żurek received hundreds of abusive and threatening messages to his work phone after false allegations about his personal life were published in pro-government media outlets. Members of his family were also targeted.
Judicial independence is perpetually fragile–in every country, and in every era.