Stop crackdown on judicial independence in Poland
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President Andrzej Duda, Warsaw, Poland
Sofia University and the Institute for Market Economics
24 July 2017
Re: Division of Powers in Poland
Your Excellency, Mr. President Duda,
We call to your institutional will, political skills and constitutional duty to block the approval of the upper chamber or, if needed, veto and not to sign into law the three bills that pursue to, willingly of unwillingly, if approved by the Senate, deconstruct the division of powers and rule of law in Poland.
These bills are:
- The bill on National Judiciary Council which subject the Council to the direct political will of elected legislators who thus obtain means to directly interfere in the appointment and promotions of judges;
- The bill that gives the powers of the executive (the Justice Minister) to dismiss heads of lower courts within six months of its adoption and appoint new ones without obligation to consult the National Judiciary Council;
- The bill on the Supreme Court that dismisses incumbent judges and permits substituting them by appointees of the current executive and political establishment.
We believe that these “reforms” push your country, Mr. President, back to the infamous times of Soviet-type law and lawlessness and we think that they would set a negative precedent in the contemporary European state of affairs in the area of the rule of law.
We appeal to you, Mr. President, to undertake needed action to not allow this scenario to materialize.
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