Category Archives: Polen

Polish Ombudsman: crime against judiciary

The developments in the Polish judiciary can be difficult to understand for the uninitiated. Polish Ombudsman Adam Bodnar therefore adresses nine popular opinions and possible responses in a recent article.

‘I believe that the internal sense of independence, professional integrity and decency of judges will be a source of effective defence against the attempts of the executive branch of power. However, an in-depth analysis should be continued of the factors that have made, and are still making, the crime against the Polish judiciary possible, and of how to prevent such processes in the future.’

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Suspension and salary reduction for critical Polish judge Juszczyszyn

On 4 February 2020, the Disciplinary Chamber of the Polish Supreme Court suspended judge Paweł Juszczyszyn from his post and reduced his remuneration by 40%. Judge Juszczyszyn was the first Polish judge to implement the 19 November 2019 verdict, in which the Court of Justice of the European Union established criteria under which the Disciplinary Chamber can be considered independent and impartial.

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Pools Hooggerechtshof: Disciplinaire Kamer geen geldig gerecht

Het Hof van Justitie van de Europese Unie had ernstige twijfels bij de onafhankelijkheid en onpartijdigheid van de Disciplinaire Kamer van het Poolse Hooggerechtshof, maar liet het eindoordeel daarover aan het Poolse Hooggerechtshof zelf. Op 5 december heeft dat Hof uitgesproken dat de Kamer geen geldig gerecht is onder Europees en Pools recht.

Paul Meijknecht

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Anniversaries: The Good, the Bad and the Ugly

The UN’s Special Rapporteur on the independence of judges and lawyers Diego García-Sayán has been particularly affected by the visible lack of action on the part of the exemplary European Court of Human Rights regarding the serious violations of human rights in Turkey. With hundreds of judges still imprisoned, organisations of lawyers destroyed and their members also in prison, it is alarming that the Court is acting as if judicial institutions and legal defence are still functioning normally.

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