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Over past few weeks, people in Warsaw have gone on streets to protest for independence of ir judiciary, despite freezing cold and growing despair. This determination has something heartwarming. And at same time something deeply disturbing: who would have thought, just a few years ago, that in an EU state it would even need such demonstrations in eastern neighbouring country of Federal Republic?
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2017, no doubt, was not a good year for rule of law in Europe. This is visible in Poland with dismaying clarity, but it is not just re: in Romania, in Spain, even in France, re are developments which give rise to concern, not to mention Turkey. The separation of powers is under pressure in many places, as is independence of judges, and sometimes even ir personal freedom and integrity. The global debate between authoritarian and liberals, as much is firmly established, has been fully underscored at latest this year on European justice.
In Poland, national Conservative Party Law and Justice (PiS) has effectively completed dismantling of rule of law, which it has been systematically operating since its takeover two years ago, just before Christmas. A good dozen laws that take one into anor have largely eliminated independence of judiciary. The current constitution has been implicitly overridden. The Constitutional Court was largely dispowered at end of 2016, and Public Prosecutor’s Office was subject to political scrutiny. In a final step, national Conservative government has now also abolished independence of Supreme Court and secured possibility of gradually replacing jurists who are working re with followers. In addition, re is a special new process that makes it possible to reroll long-completed processes – and possibly to settle many old invoices.
All of this has potentially far-reaching consequences for democracy in Poland. For example, Supreme Court is also responsible for election examination. It is not an exaggeration to say that PiS has actually obtained control over controllers of regular 2019 pending parliamentary elections.
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The PiS government calls for reform of judiciary “necessary”. She argued that Polish courts had not been sufficiently democratised after 1989, old Communist elites would continue to held power on benches of judges under swift cloak.
This article dates back to time No. 01/2018. Here you can read entire output. In Turkey, more than 600 judges and lawyers were arrested
The President of Supreme Court, on or hand, Małgorzata Gersdorf, who himself threatens to dismiss, has called “reforms” in an open letter as a legal coup d’état, as a coup d’état, because y abolished separation of powers in Poland. and Venice Commission of Council of Europe, an independent body advising States on constitutional matters, noted in an opinion that new Polish judicial system was “not identical to old Soviet system,” but show “a lot of commonalities”.
At least as irritating as all se events in Poland itself are rar helpless reactions of EU. In last two years, Brussels has accompanied abolition of independence of Polish judiciary, above all with hands-on and tireless reminders for repentance. Without any success.
