Communication No. 6/2023 of 16 July 2023.
we hereby present a communiqué on the activities of the Polish Judges` Association “Iustitia”. We will describe the events of June 2023.
3rd Congress of Polish Lawyers in Gdańsk.
On 24 June 2023, the 3rd Congress of Polish Lawyers was held at the European Solidarity Centre in Gdańsk.
The draft laws aimed at repairing the justice system in Poland were presented and discussed during the Congress.
A broad coalition of non-governmental organisations joined forces and created a common concept of how to build a modern judiciary. It is a package of 5 laws and accompanying recommendations that address the key problems of the system. It is the only such proposal in Poland - comprehensive, based on expert consensus and well-written.
1. the Law on the System of Common Courts - download here (pdf)
2. the Act on the National Council of the Judiciary - download here (pdf)
3. the Act on the Supreme Court - download here (pdf)
4. the Law on the Public Prosecutor's Office - to be downloaded soon - draft at the consultation stage
5. the Constitutional Tribunal Act - to be downloaded here (pdf)
More information can be found at : https://www.iustitia.pl/dzialalnosc/konferencje-i-szkolenia/4716-projekty-ustaw-przedstawione-podczas-obrad-iii-kongresu-prawnikow-polskich.
Speeches during the Congress were given by:
Judge Krystian Markiewicz - the President of the Polish Judges' Association “Iustitia”: https://www.iustitia.pl/79-informacje/4718-przemowienie-krystiana-markiewicza-na-iii-kongresie-prawnikow-polskich,
the President of the CJEU Koen Lenaertes : https://www.iustitia.pl/79-informacje/4719-przemowienie-prezzesa-tsue-koena-lenaaertsa-na-iii-kongresie-prawnikow-polskich
and the UN Special Rapporteur on the Independence of Judges and Prosecutors Professor Margaret Satterthwaite : https://www.iustitia.pl/79-informacje/4720-przemowienie-specjalnego-sprawozdawcy-onz-ds-niezaleznosci-sedziow-i-prokuratorow-prof-margaret-satterthwaite-na-iii-kongresie-prawnikow-polskich.
Lawyers attending the Congress also adopted a resolution indicating that :
- restoring the rule of law in Poland is the first step to rebuilding our position in European structures, where each country should be guided by a common system of values, assuming respect for the principles of democracy and civil society;
- the protection of the rights and freedoms of every person should be the priority and the cornerstone of the action of all authorities;
- good lawmaking is nowadays expected by all citizens - the transparency of the legislative process and the participation of the public in it should be ensured;
- ineffective judicial procedures hinder the provision of adequate legal protection and the proper provision of professional legal assistance;
- independence of judges, independence of courts and prosecutor's office and self-governance of legal counsels and advocates is a guarantee for the implementation of constitutional rights of the individual; in a democratic state of law, the essence of the independence of the judiciary is to rule independently of the will and programmes of political groups and without regard to the interests of persons and organisations interested in the decision.
You can read the entire resolution at : https://www.iustitia.pl/79-informacje/4721-uchwala-iii-kongresu-prawnikow-polskich.
Position of the National Board of the PJA “Iustitia” on freedom of media.
In the position adopted on 28thb June 2023. the Board of the PJA “Iustitia” expressed its opinion on threats to the independence of media in Poland. In the adopted position the Board indicated that as an Association :
" We oppose any further attempts to violate the independence of free media. In a democratic state of law, such actions are unacceptable and must arouse indignation.
We support the editors - the authors of the statement and stand in solidarity with them. Today, we are all journalists, because without independent media, there is no free and wise Europe.
We remind you that the Polish Constitution guarantees the freedom of the press and social media and the right to information (Articles 14 and 54 of the Polish Constitution).
Independent media exist to watch and keep an eye on the authorities. Independent media, like independent courts, serve citizens, not politicians. Without independent media, just like without independent courts, there is no freedom and no democracy."
You can read the entire post by clicking on the link : https://www.iustitia.pl/83-komunikaty-i-oswiadczenia/4723-stanowisko-zarzadu-ssp-iustitia-w-sprawie-wolnosci-mediow
The ECtHR found that Poland had violated Judge Igor Tuleya's right to a fair trial, privacy and freedom of expression.
The ECtHR pointed out:
- The Disciplinary Chamber of Supreme Court which suspended the judge was not an independent and impartial court established by law;
- the measures applied to the judge were unlawful and had a significant impact on his right to privacy; and
- constituted a strategy to prevent (silence) the judge - as one of the leading critics of the changes in the Polish judiciary - from expressing his views freely.
The translation of the judgment in the case of Judge Igor Tuleya is available at :
Changes to the Civil Procedure Code introduced by the amendment of 9 March 2023.
The Polish Judges` Association “Iustitia” has prepared a summary of changes to the Code of Civil Procedure introduced by the amendment of the Act of 9th March 2023.
We have indicated the changes in the scope of complaints in preliminary, precautionary and enforcement proceedings and the most important changes in the Code and the Covidium Act in the summary.
Details of the study prepared by the Civil Law Team can be found at :
CJEU judgment in Joined Cases C-615/20 | YP in. and C-671/20 | M.M. (Waiver of judicial immunity and suspension of a judge.
The CJEU ruled on the removal from office and waiver of the immunity of Judge Igor Tuleya by the Disciplinary Chamber of the Supreme Court in 2020.
The CJEU ruled that the decision was incompatible with EU law.
The court (which included Judge Igor Tuleya who asked the preliminary question) was entitled to ignore the ruling of a body whose independence is not guaranteed (i.e. the Disciplinary Chamber and ask the question despite the suspension resolution), the bodies responsible for the allocation of cases in the court should not apply the resolution of the Disciplinary Chamber.
Another composition of the court (in which Judge Piotr Gąciarek sat) should not apply the resolution of the Chamber, i.e. not consider the case taken away from the suspended judge and assigned to another judge.
The entire communiqué of the CJEU can be found at: https://www.iustitia.pl/4730-wyrok-trybunalu-w-sprawach-polaczonych-c-615-20-yp-i-in-i-c-671-20-m-m-uchylenie-immunitetu-sedziowskiego-i-zawieszenie-sedziego-w-czynnosciach-sluzbowych.
Iustitia at Open´er Festival 2023.
Open'er Festival 2023 is behind us. According to the organisers, over 110,000 participants enjoyed the festival. We do not know exactly how many of them visited our stand in the NGO zone and participated in our educational programmes, but there were crowds. Iustitia was at the festival for the umpteenth time and once again it was meetings with happy, smiling people, aware of their rights and freedoms. People who are responsible and enthusiastic. The festival is a great place to discuss and sometimes argue about the state of the judiciary and what the judiciary of the future should be. A modern judiciary. Our guests confirmed that education doesn't have to be boring, it doesn't have to take place at conferences, there is room for education everywhere as long as it is conducted sincerely and with passion.
You can read the whole report at: https://www.iustitia.pl/79-informacje/4731-iustitia-na-open-er-festival-2023.
And that's all the news for June and part of July. As the summer holidays have begun, have a healthy and happy rest. And come home safe and sound. And as holidays are not a rest from Iustitia, follow the current events on the Association's website and social media.
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