Post by Deleted on Jul 23, 2017 10:08:39 GMT -5
...they are busily dismantling their democracy
www.washingtonpost.com/news/monkey-cage/wp/2017/07/23/the-attack-on-polands-judicial-independence-goes-deeper-than-you-think-here-are-5-things-to-know/?utm_term=.ed5732394e76
The Friday legislative vote makes some stark moves:
The justice minister will now have discretion over which Supreme Court judges remain in office and who is forced into retirement.
Effectively, this reduces the number of judges from 87 to 31 (technically, the number is 43, but 12 will sit on a newly created “disciplinary department,” so there will be 31 judges doing the work of 87)
The qualification for holding a high court seat was lowered, with a minimum of just 12 years of experience required for a position on a regional court.
But here’s the crowning blow in ending the independence of the judiciary in Poland: Since the justice minister simultaneously holds the position of prosecutor general, the ruling majority may now choose both the prosecutor AND the judge in every single court case.
These excerpts of the bill alone violate at least two articles of the constitution (181 and 182), but as I describe in a previous Monkey Cage post, PiS already has the Constitutional Tribunal under its thumb, so the measure is unlikely to be struck down.
More at the link.
With our own looming Constitutional crisis here in the U.S. (and yes, I think we do have one looming), this has largely been a blip on many people's radar. But it is a grim and ominous development, and a very big deal.
www.washingtonpost.com/news/monkey-cage/wp/2017/07/23/the-attack-on-polands-judicial-independence-goes-deeper-than-you-think-here-are-5-things-to-know/?utm_term=.ed5732394e76
Major news outlets have erupted in recent days over protests in Poland to defend the independence of the nation’s judiciary.
During its last session before breaking for summer vacation, the Polish parliament (first the lower house, the Sejm, and on July 21 the Senate) approved legislation to drastically change the composition and functioning of Poland’s Supreme Court. The ruling Law and Justice party (PiS) had the votes to push the measures through. President Andrzej Duda has three weeks to sign the bill or veto it. Although he has noted some inconsistencies in two articles of the bill, he may still sign the bill into law, pending the resolution of these issues.
During its last session before breaking for summer vacation, the Polish parliament (first the lower house, the Sejm, and on July 21 the Senate) approved legislation to drastically change the composition and functioning of Poland’s Supreme Court. The ruling Law and Justice party (PiS) had the votes to push the measures through. President Andrzej Duda has three weeks to sign the bill or veto it. Although he has noted some inconsistencies in two articles of the bill, he may still sign the bill into law, pending the resolution of these issues.
The Friday legislative vote makes some stark moves:
The justice minister will now have discretion over which Supreme Court judges remain in office and who is forced into retirement.
Effectively, this reduces the number of judges from 87 to 31 (technically, the number is 43, but 12 will sit on a newly created “disciplinary department,” so there will be 31 judges doing the work of 87)
The qualification for holding a high court seat was lowered, with a minimum of just 12 years of experience required for a position on a regional court.
But here’s the crowning blow in ending the independence of the judiciary in Poland: Since the justice minister simultaneously holds the position of prosecutor general, the ruling majority may now choose both the prosecutor AND the judge in every single court case.
These excerpts of the bill alone violate at least two articles of the constitution (181 and 182), but as I describe in a previous Monkey Cage post, PiS already has the Constitutional Tribunal under its thumb, so the measure is unlikely to be struck down.
More at the link.
With our own looming Constitutional crisis here in the U.S. (and yes, I think we do have one looming), this has largely been a blip on many people's radar. But it is a grim and ominous development, and a very big deal.