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European Union News* Actualités / Kurzmeldungen ests in case generalized deficiencies as regards the rule of law in Member States occur. 21 January 2020: The deputy disci- pline officer initiates first disciplinary proceedings against Polish judges having participated in the 1,000 Robes March. European Union 23 January 2020: Poland’s Supreme Court said rulings made by judges ap- Reported by Thomas Wahl (TW) and Cornelia Riehle (CR) pointed under new government rules (af- fecting several hundred judges) could be challenged, resulting in a number of cas- es being postponed. The Supreme Court Foundations ment, the Disciplinary Chamber contin- followed the lines of argument given by ued its activities. the CJEU. Fundamental Rights 11 January 2020: Thousands of peo- 23 January 2020: The Polish justice ple, including judges and lawyers from ministry – controlled by the ruling PIS Threat of Rule of Law in Poland – many EU Member States, assemble for a party – reacts and declares that the Su- Recent Developments march through Warsaw, in order to pro- preme Court’s judgment has no legal ef- spot New actions and regulations ini- test plans by the Polish government and fects. light tiated by the Polish ruling party ruling majority in parliament to disci- 23 January 2020: The lower house of to push through reforms in the pline the judiciary in Poland. The event the Polish parliament (the Sejm) passes justice system triggered further contro- was tagged as “1,000 Robes March.” a bill introducing further amendments versies between the country and Euro- 16 January 2020: The European Par- into the Polish judiciary system, despite pean institutions/civil society organisa- liament adopts a resolution on the Art. 7 rejection by the opposition-controlled tions. An overview of the main recent procedures against Poland and Hungary. Senate and criticism by the CoE Ven- events: It, inter alia, “notes with concern that the ice Commission (opinion of 16 January 19 November 2019: The CJEU rules reports and statements by the Commis- 2020). The amendments (already initi- on the independence and impartiality sion and international bodies, such as ated in December 2019) included, inter of the new Disciplinary Chamber at the the UN, OSCE and the Council of Eu- alia, the prohibition of political activi- Polish Supreme Court, considering that rope, indicate that the situation in both ties for judges in addition to new disci- the referring court may disapply national Poland and Hungary has deteriorated plinary offences and sanctions for judges legislation if the body to which jurisdic- since the triggering of Article 7(1) of and court presidents. Furthermore, the tion was conferred to hear a case where the TEU.” The resolution also criticizes bill declared that any person appointed the EU law may be applied, does not the fact that the current Art. 7 procedure by the President of the Republic is a law- meet the requirements of independence and the hearing conducted have not re- ful judge, and it is prohibited to question and impartiality (see details in eucrim sulted in any significant progress by the his/her legitimacy. Doing so is a disci- 3/2019, pp. 155–156.) two states. MEPs reiterate the need for a 5 December 2019: The Labour Cham- new EU mechanism on democracy, the ber of the Supreme Court concludes that rule of law and fundamental rights (see * If not stated otherwise, the news in the the Disciplinary Chamber did not fulfil eucrim 1/2019, p. 3). Support is again following sections cover the period 1 January – 31 March 2020. Have also a look at the eucrim the requirements of an independent and given to the proposed regulation on the homepage (https://eucrim.eu) where all news impartial tribunal. Despite this judg- protection of the Union’s financial inter- have been published beforehand. 2 | eucrim 1 / 2020 FOUNDATIONS plinary offence, potentially punishable to the muzzle law. The statement calls by Poland, because the enacted muzzle with dismissal. Only the Extraordinary on the Polish authorities not to proceed law does not guarantee the defendant Chamber can decide whether a judge is with the law. a fair trial. Although the German court independent and impartial. The Venice 10 February 2020: 22 retired judges sent a catalogue of questions on the in- Commission stated in this context: “The of the Constitutional Tribunal (includ- dependence of the judiciary in Poland, [amendment bill] seems to be to make it ing eight former presidents and vice- it released the requested person based impossible for any court (…) to question presidents) issue an open letter in which on the “high probability” that extradi- the legitimacy of any court established they note that the Constitutional Tribu- tion would be unlawful at the moment in accordance with the current legisla- nal “has virtually been abolished.” They (for more details on the decision, see the tion.” In the press, the law has been la- regret that the actions of the legislature news in the category “European Arrest belled “gagging bill” and “muzzle law.” and the executive since 2015 and the Warrant”). 28 January 2020: The Constitutional Constitutional Tribunal leadership since 24 February 2020: The President of Tribunal suspends the Supreme Court’s 2017, “have led to a dramatic decline in GRECO, Marin Mrčela, addresses a let- resolution of 23 January 2020. The Con- the significance and the prestige of this ter to the Polish Minister of Justice in stitutional Tribunal declared, inter alia, constitutional body, as well as to the in- which he calls on the Polish government that the Supreme Court could not limit ability to perform its constitutional tasks to revise the muzzle law. Mrčela points the adjudication of judges appointed and duties.” The open letter also deals out that the diminishing independence of to office by the President of the Polish with the pending dispute on the Supreme justice may facilitate corruption. He also Republic. Judgments issued by benches Court resolution of 23 January 2020, fully shares the critical opinion of the which included said judges are binding. particularly the participation of two for- Venice Commission of 16 January 2020 28 January 2020: The Parliamen- mer MPs in the bench, that compromise on the draft bill of the muzzle law. tary Assembly of the Council of Europe the Constitutional Tribunal’s independ- 29 February 2020: The Association of (PACE) votes to open a monitoring pro- ence. Polish Judges “Iustitia” and association cedure for Poland over the functioning 11 February 2020: Following the EP of prosecutors “Lex Super Omnia” pub- of its democratic institutions and the resolution of 16 January 2020, the ple- lish an extensive report detailing repres- rule of law. The resolution declares that nary of the EP again discusses the situa- sions against Polish judges and prosecu- recent reforms “severely damage the tion on the rule-of-law threat in Poland. tors between 2015 and 2019. The report independence of the judiciary and the At the beginning, Commission Vice- not only presents information on the rule of law.” PACE called on the Polish President Věra Jourová informed MEPs investigations and disciplinary proceed- authorities to “revisit the total reform on the current developments, and Justice ings. It also refers to “soft repressions,” package for the judiciary and amend the Commissioner Didier Reynders stressed consisting, among other things, in the relevant legislation and practice in line that the Commission will apply all tools exercise of powers vested in court presi- with Council of Europe recommenda- at its disposal to maintain the rule-of- dents, which bear features of harassment tions.” The Assembly also called on all law values in Poland. MEPs called on or mobbing. The report is to be complet- CoE Member States to ensure that the the Commission to take strong action ed with further cases in the future. courts under their jurisdiction ascertain against Poland. German MEP Katarina 9 March 2020: Several experts spe- in all relevant criminal and civil cases Barley (S&D) pointed out that Polish cialised in the rule of law address an – including with regard to European Ar- judges are in the unbearable situation of open letter to Commission President rest Warrants – whether fair legal pro- facing disciplinary sanctions if they ap- Ursula von der Leyen. They criticized ceedings in Poland, as defined under ply EU law. She referred to concrete cas- the European Commission for being too Art. 6 ECHR, can be guaranteed for the es of recent repressions against judges. inactive and lenient towards Poland. Re- defendants. Poland is the first EU Mem- 14 February 2020: The “Muzzle Act” garding the recent changes implemented ber State to which the CoE monitoring (see above) enters into force. Polish by the muzzle law, the experts urge the procedure is being applied. The country President Andrzej Duda signed the Act Commission to take immediate action. shares this position with eight other CoE on 4 February 2020 despite continuing This must include expedited infringe- (but non-EU-) Member States, among protests voiced by the European Com- ment action against the muzzle law, and them Russia, Turkey, and Ukraine. mission, the Council of Europe, and requests for additional interim measures 30 January 2020: The CCBE publish- civil society organisations. to prevent the muzzle law from being es a statement on Poland in which the 17 February 2020: In an unprec- enforced by connecting these measures lawyers’ organisation shares the criti- edented decision, the Higher Regional to the already pending infringement ac- cism voiced by independent internation- Court of Karlsruhe suspends the execu- tion with respect to Poland’s new dis- al bodies and organisations in reaction tion of a European Arrest Warrant issued ciplinary regime for judges. The Com- eucrim 1 / 2020 | 3 NEWS – EuropEAN UNION mission should also tackle the rigging provisions before its final judgment on it requires judges to disclose specific in- of rules as regards the selection of the the substance of the case (C-791/19).
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