Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 31 n° 259

Tolstoy, Causes, Poland and the Aegean

Posted by fidest press agency su venerdì, 19 aprile 2019

On 29 May 2018 the Batory Foundation and ESI published a joint report on the rule of law in Poland. We made a concrete recommendation: that the European Commission take Poland to the Court of Justice of the European Union (CJEU) to challenge its Law on the Supreme Court, which violated core principles of the legal order of the European Union. On 2 July 2018 the European Commission started the procedure which led to Poland being taken to the CJEU in September. The court issued an interim decision to stop implementation of the law. The Polish government withdrew its changes. It was a victory for the rule of law.On 22 March 2019 the Batory Foundation and ESI published a second report on the rule of law in Poland. We made another concrete recommendation: “the European Commission needs to take Poland to the Court of Justice of the European Union (CJEU) as soon as possible for infringement of the EU’s fundamental values and principles, focusing on disciplinary procedures and the executive’s control over judges. The case is strong, and the need is great.” We argued that the system of disciplining judges violated core principles on which the legal order of the European Union is based:
“A Polish judge given a sensitive case, perhaps a business deal involving members of the governing party or a criminal case the government has strong views about, is not “protected against external interventions or pressure liable to impair her independent judgment”, which is what the Court of Justice of the European Union in Luxembourg requires of all courts in the EU. Polish ministers of justice, in this or any future government, can threaten, pressure and punish judges. New disciplinary procedures make this all too easy. And it is already happening.”
We added a legal opinion to make a tight argument for another infringement procedure. We presented our proposals to European officials and in the European Parliament in Brussels. We sent a newsletter to 36,000 readers. We sent another newsletter in Polish, a first for ESI.Then we learned that the European Commission launched an infringement procedure against Poland. Its press release on 3 April stated:”The new disciplinary regime undermines the judicial independence of Polish judges by not offering necessary guarantees to protect them from political control, as required by the Court of Justice of the European Union … the Commission is of the opinion that Poland failed to fulfil its obligations under Article 19 of the Treaty on European Union read in connection with Article 47 of the Charter of Fundamental Rights of the European Union, which enshrine a right to an effective remedy before an independent and impartial court. Polish law allows to subject ordinary court judges to disciplinary investigations, procedures and ultimately sanctions, on account of the content of their judicial decisions.” (by European Stability Initiative (ESI)

Rispondi

Inserisci i tuoi dati qui sotto o clicca su un'icona per effettuare l'accesso:

Logo WordPress.com

Stai commentando usando il tuo account WordPress.com. Chiudi sessione /  Modifica )

Google photo

Stai commentando usando il tuo account Google. Chiudi sessione /  Modifica )

Foto Twitter

Stai commentando usando il tuo account Twitter. Chiudi sessione /  Modifica )

Foto di Facebook

Stai commentando usando il tuo account Facebook. Chiudi sessione /  Modifica )

Connessione a %s...

 
%d blogger hanno fatto clic su Mi Piace per questo: