WARSAW, Poland — Poland’s prime minister lately asserted that the overwhelming majority of Polish judges underneath scrutiny by a controversial judicial chamber have been drunk drivers, rapists or thieves.
That declare was rapidly rejected by practically 60 judges being investigated by the so-called Disciplinary Chamber on the Supreme Court docket of Poland.
In an open letter to Prime Minister Mateusz Morawiecki, they stated none amongst them had dedicated crimes, and all have been as a substitute being focused for defending judicial independence.
Their destiny — and the independence of Polish courts extra broadly — is on the coronary heart of a dispute with the European Union, which has withheld billions of euros in pandemic restoration funds to Warsaw over the matter.
Here’s a take a look at among the key points at play as European Fee President Ursula von der Leyen visits Warsaw on Thursday to debate the matter.
WHAT LEVERAGE DOES THE EU HAVE?
For months, the EU has prevented the federal government in Warsaw from accessing its share of the bloc’s pandemic restoration funding over the problem of judicial independence.
Poland badly wants the cash because it struggles to soak up round 2 million Ukrainian refugees at a time of practically 14% inflation.
The European Fee, which is the EU’s government department, lastly authorised Poland’s pandemic restoration plan Wednesday evening however stated the discharge of practically 36 billion euros ($38.5 billion) in grants and loans would rely on Warsaw reforming its judiciary.
Some are accusing the fee of capitulating to Warsaw, solely days after it gave in to Hungary’s authoritarian chief by giving Budapest a near-total exemption from an oil embargo on Russia.
It authorised Poland’s restoration fund as Warsaw has held up a plan to impose an EU-wide minimal 15% tax price on multinationals.
WHAT DOES THE EU SEE AS THE PROBLEM?
When the governing Regulation and Justice get together first held energy, from 2005 to 2007, it noticed its ambitions for a conservative remake of Poland derailed by the courts. After the get together returned to energy in 2015, chief Jaroslaw Kaczynski set about making certain it had extra compliant courts earlier than pushing by way of different adjustments.
As soon as the get together gained near-total management over the Constitutional Tribunal, it harnessed it to assist enshrine conservative values within the legislation.
In an instance of the court docket’s energy to have an effect on common residents, it dominated in late 2020 that abortion of congenitally broken fetuses — beforehand allowed underneath the legislation — was unconstitutional.
The ruling, which additional restricted one among Europe’s strictest abortion legal guidelines, triggered the largest protests in Poland’s 30 years of post-communist historical past.
HOW HAS POLAND’S GOVERNMENT TARGETED JUDGES?
Two different key areas of controversy heart on how judges are chosen, and the way they are often disciplined by being stripped of getting their powers to sit down in court docket and concern judgements.
The ruling get together modified the foundations governing the physique which appoints judges to courts, the Nationwide Council of the Judiciary. It was established to make sure judges’ independence, however since 2018 it has come underneath the political management of the ruling get together. Among the judges the council has appointed sit on the Disciplinary Chamber of the Supreme Court docket.
Final yr a European umbrella group, the European Community of Councils for the Judiciary, expelled the Polish council, saying it not safeguarded the independence of the judiciary or particular person judges.
The EU court docket dominated final yr the Disciplinary Chamber to be unlawful and ordered Poland to pay a wonderful of 1 million euros per day wonderful so long as it operates.
ARE POLISH JUDGES HONEST?
Dariusz Mazur, a Krakow choose, vice-president and the spokesman of Themis, an affiliation of judges, stated Polish judges have for years been the goal of a disinformation marketing campaign by the ruling get together which seeks to discredit them by unfairly depicting them as corrupt.
He recalled a state-funded 2017 billboard marketing campaign that sought to justify new judicial legal guidelines by citing the case of a choose who shoplifted. “The knowledge was true, however the choose was already retired for a few years and was mentally in poor health,” he stated.
Mazur stated that solely 10% of present disciplinary proceedings contain precise misconduct by judges, whereas 90% are politically motivated proceedings towards judges who defend the independence of the judiciary.
Mazur himself is the topic of 4 disciplinary proceedings over public statements in protection of an unbiased judiciary.
John Morijn, a legislation professor on the College of Groningen within the Netherlands, stated that within the years earlier than Regulation and Justice received energy in 2015, Polish courts had a repute for being sluggish however not corrupt.
The allegations made by ruling authorities quantity to “a witch hunt towards judges,” he stated.
WHAT DOES THE GOVERNMENT SAY?
The Polish authorities has repeatedly denounced EU court docket rulings and makes an attempt to hyperlink funding to democratic conduct as assaults on the nation’s sovereignty.
It argues that EU establishments haven’t any proper to intrude in judicial issues and that Warsaw has the precise to form its personal authorized system.
In truth, EU member states are free to prepare their very own judiciaries so long as their methods respect the precept of judicial independence.
WHAT CHANGES DOES THE EU WANT?
The European Fee has described “milestones” Poland ought to attain to unlock funds. These embody abolishing the Disciplinary Chamber, reforming the disciplinary regime and reinstating unlawfully dismissed judges.
None of those situations have been met.
A plan authorised by parliament final week abolishes the Disciplinary Chamber and replaces it with a Chamber for Skilled Accountability that will function in a lot the identical method. It will be stuffed with judges chosen by the disputed Nationwide Council of the Judiciary.
And just one suspended choose, Pawel Juszczyszyn, has to date had his suspension lifted. After 839 days, he returned to work on the District Court docket of Olsztyn in current days solely to study that he was being transferred from engaged on civil legislation instances — his discipline for greater than 20 years — to household legislation. He was additionally ordered to go on go away.
“These choices are made in gross violation of the legislation,” Juszczyszyn stated Wednesday, vowing to struggle them.
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