[ad_1]
On Tuesday, Poland promulgated a new controversial reform in the Supreme Court, forcing nearly 40% of its judges to take early retirement, according to observers, the latest in a series of attempts by the nationalist government to to control the judicial system. 19659002] The new law, which has sparked protests nationwide in recent days, comes less than 24 hours after the European Commission informed the Polish government that it had started a lawsuit. infringement in this respect
. The judges of the Supreme Court will be lowered from 70 to 65, prematurely terminating the warrants of 27 of the 72 judges, including the first president of the court. These positions will then be filled by President Andrzej Duda, an alley of the ruling party, the Law and Justice Party (PiS).
The judges will have until midnight tonight to resign. "Małgorzata Gersdorf, the highest judge of the country as the first president of the Supreme Court, told students today during a speech in Warsaw." It puts an end to a judicial era and to the Supreme Court, as well as their organizational independence and competence. "
In December, the European Commission invoked Article 7 of the EU Treaty, one of the two founding documents of the EU – this has never been done before – in order to determine whether Poland had breached the rule of law After a three-hour hearing between Polish officials and the Business Council in Luxembourg last week, the European Commission determined that it had done so.
"The Commission is of the opinion that these measures undermine the principle of judicial independence, including including security of ten The European Commission wrote yesterday in a statement.
Polish officials, for their part, systematically defended the law as a mechanism. destined to eradicate the corruption that has existed since the fall of communism 30 years ago.
"Today 's discussion between EU member states was very factual, and we have exhausted our arguments about the reforms of the Polish judiciary," wrote the secretary of state. Polish State for European Affairs, Konrad Szymański, in a tweet following the meeting
Not everyone is convinced that the intentions of the government are equally noble. Kamila Gasiuk-Pihowicz, Member of Parliament for the opposition party Modern, said giving the PiS allied president the power to fill vacant seats in the highest court in Poland would politicize an institution to validate the elections [19659002]. "It is a coincidence that the chamber to which we must appoint new judges is exactly the chamber that assumes the constitutionality of the Polish elections," she said. "I'm really scared of what the result will be now that they have shown that they do not trust the law and institutions like the Supreme Court."
But the new law also creates a new appeals chamber within the court that could reopen cases dating back 20 years at the request of a government-appointed Attorney General.
The Supreme Court does not take the case flat. Last week, judges, including Judge Gersdorf who insists that his term runs until 2020, said that they would stand up to the law and report to work Wednesday as the first time. habit, creating a potential impasse between the two parties.
In protest, thousands of Poles took to the streets during protests across the country in recent days. Yesterday evening in Warsaw, hundreds of people gathered in front of the Supreme Court holding placards chanting slogans such as "we will not let go", "constitution" and "free courts".
"The Supreme Court case is crucial for the entire nation," activist and grandmother Julie Walecka told PRI. "I should be at home playing with my grandchildren and enjoying my life, but you can not stay home when something like that happens." Unfortunately, all of this is mistaken for what happened in this country 50 years ago. "says, referring to the communist era.
This is not the first attack of the government on the judiciary. Since coming to power in 2015, PiS has decimated the Constitutional Court and launched last year a state-funded campaign attacking judges on billboards all over the country, claiming harassment and intimidation.
and on TV. It was a Huge business. "Some of the cases may have been accurately described, but also misinterpreted.This is a kind of hate speech," said Dariusz Mazur, judge at the Krakow Regional Court, who is also the door -speakers of a local association of some 200 judges
"This is totally unprecedented, not just for Poland," he said.
But attacks go further than justice. The anti-migrant government has used xenophobic rhetoric to isolate the opposition and has also relentlessly sought to control the media.
In 2016, President Duda signed a law allowing the government to appoint new heads of public media and civil institutions. Journalists face threats and even imprisonment, while independent media are subject to heavy fines.
Government repression of Polish democratic institutions is the subject of constant criticism from the EU, international organizations and human rights organizations.
"Over the last two years, the Polish government, led by the PiS, has gradually eroded the independence and effectiveness of its judicial system," said Philippe Dam, director of advocacy for the Europe and Central Asia to Human Rights Watch.
"Let's not be fooled, the law of the Supreme Court is part of a larger program to get rid of judges considered critical and to take the country's judiciary politically." Once the checks and balances eroded, other human rights such as freedom of expression or women's rights are seriously threatened. "
The European Commission continues its infringement proceedings against Poland with regard to the reform of the Supreme Court. "
" We will have to wait for the EU, but … in over two years, we have seen only four recommendations from the European Commission. they are reluctant to move to Poland and it has been overwhelmingly disappointing, "said Adam Belcer, Polish political expert at the WiseEuropa think tank based in Warsaw.
He said that the situation in Poland can be compared to Hungary where Prime Minister Viktor Orban used an anti-migrant platform. carry out an increasingly autocratic agenda
Related: In anti-migrant push, the laws' Stop Soros & # 39; were adopted in Hungary
We can say that the Hungarian position is on a more solid basis, so what happens in Poland, is that we are trying to catch up, "has -he says." The Polish government is trying to achieve the same goal, but more quickly. and without the two-thirds majority in parliament [that Hungary has] that is why we are in conflict with the European Commission. "
Others, as for them, have more hope.
" We must have confidence in them, otherwise where can we appeal? We are in the EU and are a kind of family. I believe we should receive support for this and the state should act accordingly, "said Walecka
Philip Heijmans reported from Warsaw.
[ad_2]
Source link
