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At its meeting in Nur Sultan, Kazakhstan, on 15 September 2019 the European Association of Judges – “the EAJ”- adopted the following resolution concerning the situation of the judiciary in Poland: 1. At the outset the EAJ observes that the independence of the judiciary in Poland has been under attack since the end of 2015. During this period legislative and political measures which are aimed at making the judiciary completely dependent on the executive and legislative powers have been ado...

Considering the facts, that: members of the National Council of the Judiciary (NCJ) were elected in violation of the Constitution of the Republic of Poland and European standards, by unacceptable shortening the term of office of judges – members of the Council (resulting in proceedings before the European Court of Human Rights) and political election of new members by members of the parliament from Law and Justice (PiS) and Kukiz'15 political parties. Soon after that Polish NCJ was suspende...

The European Court of Human Rights decided on 2 September 2019 to communicate1 to the Government of Poland the application Xero Flor w Polsce sp. z o.o. v. Poland (application no.4907/18), and requested that it submit observations. The case concerns proceedings brought by the applicant company claiming compensation for damage to its property, and its complaint about the appointment of one judge in particular to the Constitutional Court which examined its case. This is the second applicatio...

Deputy Minister of Justice judge Łukasz Piebiak resigned after it was revealed in media, that he had stayed behind an organized hate on judges who do not want to submit to changes in the judiciary introduced by Law and Justice (PiS) political party. Piebiak justified his resignation "with a sense of responsibility for the success of the reforms" he was working on at the ministry. The resignation of Łukasz Piebiak meant that his delegation to the Ministry of Justice had been withdrawn...