'Declaration of war': Polish row over judicial independence escalates
A confrontation
between the Polish government and senior judges has escalated drama-tically,
prompting an anguished response in Brussels, after the country’s supreme court
and parliament issued conflicting rulings on the legality of judicial reforms. The rival rulings,
which concern attempts by the governing Law and Justice party (PiS) to assume
direct control over the judiciary, have thrown the country’s legal order into
chaos, with judges now liable for prosecution for complying with rulings issued
by their own supreme court.
PiS, a rightwing
populist party, has spent more than four years trying to take control of the
country’s system of courts and public prosecution, eroding the independence of
most branches of the judicial system. “This is an extreme escalation by the
Polish government,” said Marcin Matczak, a professor of law at the University
of Warsaw. “It has run out of arguments so it is resorting to brute force.”
After taking office in
2015, PiS assumed direct control of the National Council of the Judiciary, a
formerly independent body that oversees the appointment, promotion and
discipline of all Polish judges. This allowed the government to fill a newly
created judicial disciplinary chamber with party loyalists who have since proceeded
to launch disciplinary proceedings against any judge who questions the
new regime....
https://www.theguardian.com/world/2020/jan/24/declaration-of-war-polish-row-over-judicial-independence-escalatessee also
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