Poland: CCBE expresses serious concerns over recent Acts on the judiciary

July 20th, 2017 § 0 comments

On 18 July 2017, the President of the CCBE addressed a letter to the President of the Republic of Poland expressing the CCBE’s concerns about the amendments adopted to the Polish Act on the National Council of the Judiciary and the Act amending the Law on Common Courts Organisation, as well as the new draft Act on the Supreme Court which the Polish Parliament received.

The CCBE points out that:

– The amendment to the Act of the National Council of the Judiciary gives a substantial role to politicians in the selection and appointment of judges, which contravenes the constitutional principle of independence of the judiciary.

– The Act amending the Law on the Common Courts Organisation – which changes the rules of appointing and recalling presidents of courts – increases the authority of the Minister of Justice by enabling the Minister to arbitrarily recall all the presidents of courts in Poland during their term of office.

– The draft Act on the Supreme Court foresees that all judges of the Supreme Court (save for those designated by the Minister of Justice) will retire immediately upon when the said Act enters into force.

The CCBE calls upon the President of the Republic of Poland to use the right of veto and to refuse to sign the above-mentioned amendments, as they are threatening the autonomy and independence of the judiciary.

Read the CCBE letter here.

The European Commission also discussed the latest developments with regard to the Polish judiciary and related legislative acts. In the Commission’s view “If implemented in their current form, these laws would have a very significant negative impact on the independence of the judiciary and would increase the systemic threat to the rule of law in Poland.” On 19 July 2017, the College of Commissioners held a first in-depth discussion on these new developments, expressed its serious concerns, and looked into the legal and political options available to the Commission to act upon these concerns. The Commission will revert again to this matter next week. For more information, click here.

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