Tusk’s difficult in-tray on Poland’s judicial independence

Tusk’s difficult in-tray on Poland’s judicial independence

06.12.2023

Source: euobserver.com Read also: Martin Mycielski for EUobserver: Have the Polish people finally had enough? (November 23, 2021) Europa United Eurochat podcast – Polish Presidential election special with Martin Mycielski (June 23, 2020) Could Polish president Duda’s anti-LGBT rhetoric spell trouble for PiS? (June 19, 2020) Poland’s sham presidential election in a pandemic (March 27, […]

OKO.press: Judge in ‘Gazeta Polska’ cover case subjected to disciplinary measures

OKO.press: Judge in ‘Gazeta Polska’ cover case subjected to disciplinary measures

21.08.2023

A Warsaw judge, Tomasz Jaskłowski, was subjected to disciplinary action after his judgment in the “Gazeta Polska” cover case. A complaint against him was filed by the weekly’s editor-in-chief, Tomasz Sakiewicz, who had lost the trial, writes OKO.press. Tomasz Jaskłowski, Judge at the District Court in Warsaw, was subjected to disciplinary measures in connection with […]

Judge who orders Gazeta Polska apology for Wehrmacht cover now facing disciplinary action

Judge who orders Gazeta Polska apology for Wehrmacht cover now facing disciplinary action

20.08.2023

A Warsaw judge, Tomasz Jaskłowski, is being prosecuted in connection with his judgment unfavourable to a right-wing newspaper. The complaint against him was filed by Tomasz Sakiewicz, who lost a case presided over by the judge. He is the second Warsaw judge to face trouble for sentences handed down on Gazeta Polska. This is the […]

Hearing victims of the politicised Polish prosecution service at the Council of Europe

Hearing victims of the politicised Polish prosecution service at the Council of Europe

14.10.2022

During the October 2022 plenary session of the Parliamentary Assembly of the Council of Europe ODF had the honour to organise a public hearing under the title “Erosion of the rule of law in Poland: Political abuses of the prosecution office”. The event, held on 13 October in the Council’s Strasbourg headquarters, was hosted by […]

Report of the Open Dialogue Foundation on the Public Prosecutor’s Office Under the Rule of the United Right Alliance

Report of the Open Dialogue Foundation on the Public Prosecutor’s Office Under the Rule of the United Right Alliance

29.09.2022

The Open Dialogue Foundation has compiled a report in which it furnishes evidence and examples of unprecedented politicisation of the Public Prosecutor’s Office since the moment the United Right Alliance (Zjednoczona Prawica) took power in Poland in 2015. The report provides examples of abuse of the Public Prosecutor’s Office by those in power, for whom […]

Polish Public Prosecutor’s Office: Selected Cases of Malicious Prosecution and Dereliction of Duties

Polish Public Prosecutor’s Office: Selected Cases of Malicious Prosecution and Dereliction of Duties

16.02.2022

Since the Law and Justice (PiS)-led United Right coalition took power in 2015, we have witnessed an unprecedented level of politicisation of the public prosecution service, which has been transformed into a tool serving political and personal interests of the ruling camp and its members. This resulted in a growing number of politically motivated cases of investigations carried out primarily against those regarded as opponents of the government.

IN-DEPTH REPORT: Challenging the principles of primacy and direct applicability of EU law by the Polish authorities, 6 months after the CJEU’s rulings of July 2021

IN-DEPTH REPORT: Challenging the principles of primacy and direct applicability of EU law by the Polish authorities, 6 months after the CJEU’s rulings of July 2021

09.02.2022

1. Foreword The independence of the judiciary in Poland has been systematically dismantled over the last six years, during which previously independent bodies, referred to as safety fuses of democracy, have been brought under political control by the ruling camp (such as the Constitutional Tribunal and the National Council of the Judiciary). At the same […]

Discussing the rule of law in Poland with OSCE PA rights leaders

Discussing the rule of law in Poland with OSCE PA rights leaders

01.02.2022

On February 1st, in the Warsaw headquarters of the OSCE Office for Democratic Institutions and Human Rights (ODHIR), the three leaders of the OSCE Parliamentary Assembly’s (OSCE PA) human rights committee met with Polish civil society representatives at the forefront of defending the rule of law in the country. The purpose of the meeting was […]

New WSA “judgment” in Lyudmyla Kozlovska’s case. Cassation appeal against neo-judges filed

New WSA “judgment” in Lyudmyla Kozlovska’s case. Cassation appeal against neo-judges filed

06.11.2021

In the past few weeks, we have filed a cassation appeal with the Supreme Administrative Court (NSA) against the latest judgment issued by the Provincial Administrative Court (WSA) in Warsaw in July 2021 (which was served to us [two months later] in September). Contrary to three previous decisions, this “court” agreed, for the first time, […]

Malicious Prosecution by the Polish Public Prosecutor’s Office

Malicious Prosecution by the Polish Public Prosecutor’s Office

16.08.2021

Since the Law and Justice (PiS)-led United Right coalition (composed of PiS and its two minor partners – Solidarna Polska and Porozumienie) took power in 2015, we have witnessed an unprecedented level of politicization of the public prosecution service that has been transformed into a tool serving political and personal interests of the ruling camp and its members. This resulted in a growing number of politically motivated cases of investigations carried out against those regarded as opponents of the government. The continuous changes to the criminal justice system (Criminal Code, Code of Criminal Procedure, Law on the Prosecutor’s Service) expand the powers of the prosecution, amplifying the so-called inequality of arms between the sides of the criminal proceedings and a general repressiveness of the system.

PACE resolution on the independence of judges and ODF – debunking

PACE resolution on the independence of judges and ODF – debunking

02.04.2021

Following our support of the Resolution on the independence of judges, adopted by the Parliamentary Assembly of the Council of Europe on January 26th, ODF became a target for representatives of the Polish PiS government, whose actions were harshly criticised in the Resolution. PiS MP Arkadiusz Mularczyk, supported by British Conservative Ian Liddell-Grainger, initiated a […]

Prosecutorial standards in Poland are closer to those in Belarus than in the EU. ODF’s hearing for MEPs with persecuted Polish prosecutors

Prosecutorial standards in Poland are closer to those in Belarus than in the EU. ODF’s hearing for MEPs with persecuted Polish prosecutors

05.03.2021

On 4 March 2021 we organised an online hearing for Members of the European Parliament (MEPs), European Parliament advisors and selected journalists under the title “Law and Justice’s Crackdown on Independent Prosecutors in Poland Intensifies”, featuring persecuted Polish independent prosecutors from the Lex Super Omnia association – Katarzyna Kwiatkowska, Jacek Bilewicz and Ewa Wrzosek – […]

Prosecutorial standards in Poland are closer to those in Belarus than in the EU. ODF’s hearing for MEPs with persecuted Polish prosecutors

Prosecutorial standards in Poland are closer to those in Belarus than in the EU. ODF’s hearing for MEPs with persecuted Polish prosecutors

05.03.2021

On 4 March 2021 we organised an online hearing for Members of the European Parliament (MEPs), European Parliament advisors and selected journalists under the title “Law and Justice’s Crackdown on Independent Prosecutors in Poland Intensifies”, featuring persecuted Polish independent prosecutors from the Lex Super Omnia association – Katarzyna Kwiatkowska, Jacek Bilewicz and Ewa Wrzosek – […]

Polish & Moldovan judges must remain independent. A firm resolution adopted by PACE

Polish & Moldovan judges must remain independent. A firm resolution adopted by PACE

26.02.2021

On 28 January 2021, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution on judges in Poland and the Republic of Moldova. The resolution, resulting from ODF’s advocacy efforts back in 2018, urges the countries’ authorities to uphold the rule of law and ensure judicial independence. Prior to passing the resolution the Assembly voted on a series of amendments. Three out of five of the amendments that ODF’s team has helped to draw up and advocated for, further detailing the Polish government’s rule of law breaches, were accepted by an overwhelming majority.

A Breach Too Far: Call to the EC on the Assault on Judges Adjudicating on Prosecutor Krasoń’s Case

A Breach Too Far: Call to the EC on the Assault on Judges Adjudicating on Prosecutor Krasoń’s Case

28.01.2021

In the latest instance of the Polish authorities’ open disregard for the rule of law, 14 Cracow judges have been exposed to politicised prosecution and investigations. Their alleged crime? Handing down judgments which were inconvenient for the authorities and failing to persecute Prosecutor Krasoń – a staunch defender of the independence of the judiciary.  This […]

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