Rule of Law in Poland

12/08/2020

The paper shows how deterioration of the law-making standards enabled the adoption of laws that amplified the constitutional crisis and undermined confidence in Polish courts’ independence.

09/02/2020

The Supreme Court press service has just released an English translation of two rulings dealing with the ECJ judgment: one by the Labour Law and Social Security Chamber and the new Extraordinary Control and Public Affairs Chamber.

Court of Justice holds that domestic courts are to review the independence of the new National Council of the Judiciary and the Disciplinary Chamber

24/01/2020

The Supreme Court has ruled on the P*S-led judicial "reforms" and their effects for judgments issued by justices appointed to the bench under the new legislative regime.

The resolution, while brief, will have far-reaching effects for the country's judicial system and promises to fan the flames of the conflict over the rule of law in Poland.

Rule of Law presents an English translation of the Supreme Court resolution passed 23 January 2020.

Poland's Supreme Court has ruled on key elements of the controversial judicial "reforms" pursued by P*S, Jarosław Kaczyński and Zbigniew Ziobro.

18/12/2019

According to the deans of law departments of 13 universities around Poland, the bill submitted to the Sejm by Law and Justice unconstitutionally restricts the fundamental rights and freedoms of judges, as citizens of the Republic of Poland

According to the deans of law departments of 13 universities around Poland, the bill submitted to the Sejm by Law and Justice unconstitutionally restricts the fundamental rights and freedoms of judges, as citizens of the Republic of Poland, and introduces disciplinary liability of judges for their j...

17/12/2019

The First President of the Supreme Court prof. Małgorzata Gersdorf in a powerful open letter asks Polish authorities that the hatred of judges and courts stops being used as a weapon in the struggle for power [full statement in English]

The First President of the Supreme Court prof. Małgorzata Gersdorf in a powerful open letter asks Polish authorities that the hatred of judges and courts stops being used as a weapon in the struggle for power.

16/12/2019

A bill appeared on the Sejm’s website during the night of 12–13 December, prohibiting judges from doing anything that is not in line with the Law and Justice party’s (P*S’) thoughts. It introduces the whims of Ziobro’s ministry and Przyłębska’s Constitutional Tribunal – instead of the Constitution and European law. Fear of P*S – instead of judicial dignity. This is how Poland is to be if this bill is enacted

A bill appeared on the Sejm’s website during the night of 12–13 December, prohibiting judges from doing anything that is not in line with the Law and Justice party’s (P*S’) thoughts. It introduces the whims of Ziobro’s ministry and Przyłębska’s Constitutional Tribunal – instead of th...

08/12/2019

Oral justification of the Supreme Court judgment (ref no. III PO 7/18) in connection with the CJEU ruling regarding the Disciplinary Chamber and the National Council of the Judiciary (joined cases C-585/18, C-624/18 and C-625/18).

Thanks to the Association of Judges “Themis”, we publish the translation of oral justification of the Supreme Court judgment of 5 December 2019 in case in which it requested the Court of Justice for preliminary ruling of 19 November 2019

13/11/2019

Judges who speak out in defence of the judicial system in Poland are being harassed by Zbigniew Ziobro's justice ministry.

As Mariusz Jałowszewski of OKO.press details, disciplinary proceedings are being brought against defiant judges for refusing to remain silent in the face of the P*S government's abuses.

Polish judges refusing to remain silent about the government's attacks on the judiciary are being harassed with disciplinary proceedings for their verdicts.

05/11/2019

In a blow to P*S, Jarosław Kaczyński, and Zbigniew Ziobro, the EU Court of Justice has ruled that a key element of the judicial "reforms" rammed through by the previous Sejm were incompatible with EU law.

This means that the changes in retirement age for judges in common courts, the Supreme Court, and for prosecutors are now ineffective.

Read more about this landmark ruling at ruleoflaw.pl:

In a blow to P*S, Jarosław Kaczyński and Zbigniew Ziobro, the EU Court of Justice has terminated dubious judicial "reforms" passed by the last Sejm.

26/09/2019

The P*S-led government and friendly media outlets have declared victory following CJEU Advocate General Tanchev's recent opinion on questions presented to the CJEU by Polish judges.

Anna Wójcik explains why they couldn't be more wrong, and how AG Tanchev's opinion is, in fact, a defence of the rule of law.

https://ruleoflaw.pl/ag-tanchev-gives-robust-defence-of-judges-right-to-turn-to-cjeu/

CJEU Advocate General Evgeni Tanchev's opinion on questions from Polish judges is not a victory for the P*S government, but a defence of the rule of law.

08/08/2019

Professor Jerzy Zajadło of the University of Gdańsk explains the seven cardinal sins of Law and Justice, showing how the destruction of the rule of law in Poland under P*S has cast the country beyond the cultural borders of Europe.

The Polish state under P*S can no longer lay claim to being governed by the rule of law. Professor of law and philosopher Jerzy Zajadło explains why.

02/08/2019

The recent report published by Amnesty International, titled ‘Poland: Free Courts, Free People’, focuses on actions and regulations undermining judicial independence, such as forced retirement of Supreme Court judges, politicization of the appointment of judges, and abuse of disciplinary proceedings against judges and prosecutors.

Awareness of the changes in the Polish judicial system implemented by the ruling party, Law and Justice, is growing both domestically and internationally.

31/07/2019

President Duda’s words are one of many examples of undermining trust in Poland’s judicial institutions.

On 3 July, the President of Poland Andrzej Duda visited Lwówek Śląski and gave a speech in which he criticized the activity of the Constitutional Tribunal, whose ruling from 2014 recognized the conformity of a gradual increase in the retirement age with the Polish Constitution.

29/07/2019

For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.

19/07/2019

The European Commission has proposed measures for strengthening EU mechanisms in defence of the rule of law.

Along with statements from the new President of the European Commission, Ursula von der Leyen, politicians from Finland, currently holding the Presidency of the European Council, have expressed their determination to enhance the rule of law in EU Member States.

Anna Wójcik has prepared this excellent summary of the new proposed measures and the Polish government's reaction in the context of the Commission's Article 7 proceedings against Poland:

Review of the European Commission's proposals for strengthening the rule of law in the EU and the Polish government's resistance to new measures.

17/06/2019

On Tuesday, 18 June 2019, the Court of Justice will hear the case about Poland's system of disciplinary proceedings against judges. The hearing takes place as the result of preliminary reference questions submitted by regional courts in Łódź and Warsaw.

Join our live text coverage at on Twitter. We start at 9:00 AM.

14/06/2019

Supreme Court queries ECJ about new appointee

Controversy is growing around the forced transfer of judge and former National Council of Judiciary spokesperson, Waldemar Żurek, from the second instance district court in Cracow to a court of the first instance.

14/06/2019

Prosecutor disciplined for participation in demonstration in defence of Supreme Court wins with National Prosecutor’s Office

Prosecutor Piotr Wójtowicz from Legnica will not be formally disciplined for his appearance at a protest in defence of the Supreme Court. On Tuesday, the disciplinary court for prosecutors rejected the appeal of National Prosecutor Bogdan Święczkowski, who was seeking to punish Wójtowicz.

14/06/2019

Prosecutors hauled in for questioning by disciplinary spokesman

Prosecutors who participated in the adoption of a resolution stressing their independence and resisting pressure from above are being summoned for questioning.

07/06/2019

Not only free courts, but also speedy and friendly. The Congress of Lawyers has a plan. What about Ziobro?

The Congress of Polish Lawyers offers specific proposals for improving the justice system in Poland. How will justice minister Ziobro react?

01/05/2019

This distinction is an important recognition for all rule of law defenders in Poland, the Ombudsman is just one of them - said Dr Adam Bodnar in the Hague, receiving 2019 World Justice Project award

Dr Adam Bodnar and the Office of Human Rights Commissioner received the Award for the efforts to defend rule of law in Poland. Bodnar dedicated it to Karol Modzelewski

27/04/2019

Polish judges demand apology from Prime Minister over comparison to N**i collaborators

Prime Minister Mateusz Morawiecki compared current judiciary reforms in Poland to legal cleansing in France after the Second World War

27/04/2019

New Supreme Court judges rule their appointments were proper; European Commission questions status of Disciplinary Chamber

New Supreme Court judges have ruled on their own appointments, finding no irregularities. The European Commission is questioning disciplinary proceedings for judges.

23/04/2019

Rights and Values Programme (RVP) fill gaps in the EU’s instruments for protecting the rule of law. Member states must not to be tempted to trade this strategic issue for other, more immediate gains - writes Katarzyna Pełczyńska-Nałęcz Fundacja Batorego

Rights and Values Programme (RVP) fill gaps in the EU’s instruments for protecting the rule of law

17/04/2019

AG Tanchev suggests that Poland violated judicial independence

According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually fol...

16/04/2019

ECJ hears case on retirement of ordinary courts judges

Polish authorities demand withdraw of European Commission complaint, ECJ Advocate General Tanchev to deliver opinion on 20 June.

16/04/2019

European Commission opens debate to strengthen the rule of law in the EU, mentions Polish case

The European Commission has launched a reflection process on the rule of law in the EU and setting out possible avenues for future action. It outlined three pillars which could contribute to further the effective enforcement of the rule of law in the Union: better promotion, early prevention and tai...

16/04/2019

Ziobro ready to assume control of Polish judiciary

A reorganization of the courts in Poland will facilitate a purge and the removal of judges in conflict with MInister of Justice Zbigniew Ziobro

11/04/2019

Act on the National Council of the Judiciary before the Constitutional Tribunal

Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.

11/04/2019

Judges under special supervision. Report of Association of Judges THEMIS

The assertion presented by the media, that the sole objective of the so-called ‘great reform of the justice system’ lies in a one-off replacement of judicial personnel with a view to replace the key judicial office holders by those subordinated to the Minister of Justice is an overlyoptimistic s...