PACE resolution on the independence of judges and ODF – debunking

PACE resolution on the independence of judges and ODF – debunking

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

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

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.

ODF holds online hearing for MEPs with persecuted Polish judges

ODF holds online hearing for MEPs with persecuted Polish judges

On October 8, 2020 we had the pleasure of organising an online hearing for Members of the European Parliament under the title “How should the EU support the Polish judiciary?”, featuring persecuted Polish judges Beata Morawiec and Dariusz Mazur, with additional expertise provided by Prof. Laurent Pech. The event was co-hosted by MEPs Róza Thun […]

World’s leading legal scholars in defence of judge Tuleya – ODF’s follow-up letter to the European Commission

World’s leading legal scholars in defence of judge Tuleya – ODF’s follow-up letter to the European Commission

Today, on June 9, 2020, the Disciplinary Chamber of the Supreme Court is holding a closed hearing regarding lifting the immunity of judge Igor Tuleya. This and other glaring violations of ECJ judgements and EU law have compelled the world’s leading legal scholars to sign a follow-up letter by ODF and Prof. Laurent Pech to the European Commission regarding the deterioration of the rule of law in Poland.

Further erosion of the Polish democracy:  providing feedback for the first EU Rule of Law Report

Further erosion of the Polish democracy: providing feedback for the first EU Rule of Law Report

The Open Dialogue Foundation provided inputs to the first annual Rule of Law Report, the European Commission’s latest oversight mechanism and a part of its wider rule of law toolbox. Together with experts and practitioners from Poland – judges Dariusz Mazur and Agnieszka Niklas-Bibik, as well as former public media employee, Piotr Owczarski – we submitted our feedback on the worrisome developments in the Polish justice system and media sector in 2019 and the first half of 2020. The European Commission’s initiative will result in the “Rule of Law Report”, expected to be published in September 2020.

Decisive phase of the fight for the rule of law in Poland: open letter to the European Commission

Decisive phase of the fight for the rule of law in Poland: open letter to the European Commission

The next few days and weeks will determine the fate of the Supreme Court, a key institution in the Polish legal system that is currently upholding the independence of the judiciary. In 2018 the Supreme Court was attacked by two foreign bodies, the so-called Disciplinary Chamber (ID) and the Chamber of Extraordinary Control and Public Affairs (IKNiSP). Contrary to their names, they do not consist of independent judges, but of party nominees loyal to the current parliamentary majority and the Law and Justice government.

ODF and ‘Themis’ report on the Polish judiciary published by the European Commission

ODF and ‘Themis’ report on the Polish judiciary published by the European Commission

The Open Dialogue Foundation is one of eight European organisations whose comments and report on the state of the judiciary in EU Member States in the framework of the EU Justice Scoreboard 2020 initiative have been adopted and published by the European Commission. Our study was prepared together with the ‘Themis’ Association of Judges and concerned the state of the Polish justice system.

PACE adopts resolution on Poland with ODF’s amendments

PACE adopts resolution on Poland with ODF’s amendments

The 2020 Winter Session of the Parliamentary Assembly of the Council of Europe (PACE), held on 27-31 January 2020 in Strasbourg, was dominated by two topics: the returning of voting rights to Russia (which ODF strongly campaigned against), which was suspended following its annexation of Crimea and invasion of Ukraine, and the worsening situation in regard to the rule of law in Poland.

Functioning of democratic institutions in Poland: ODF fights for a resolute PACE report

Functioning of democratic institutions in Poland: ODF fights for a resolute PACE report

As is by now tradition for us, we were proud to be present during the 2020 Winter Session of the Parliamentary Assembly of the Council of Europe, held on 27-31 January 2020 in Strasbourg, France. Our delegation consisted of ODF President Lyudmyla Kozlovska, Kazakhstani activist from the ‘Qaharman’ human rights movement Dana Zhanay and Polish persecuted judge Dominik Czeszkiewicz from the Suwałki District Court.

ODF in the EP in Strasbourg: the Fall of Sandu’s Government in Moldova

ODF in the EP in Strasbourg: the Fall of Sandu’s Government in Moldova

On December 18-19, 2019, the Open Dialogue Foundation’s team, together with human rights defenders from Moldova, conducted very constructive meetings in the European Parliament in plenary session in Strasbourg. The delegation consisted of Ana Ursachi, attorney prosecuted for political reasons, Stefan Gligor, co-founder and Justice and Advocacy Program Director at the Center for Policies and Reforms, Stella Juntuan, activist and former member of the Moldovan parliament, Grigore Petrenco, political refugee in Germany and leader of the Red Bloc opposition party, and was led by our colleague Martin Mycielski, Public Affairs Director at ODF.

“Law and Justice’s Campaign against Polish Judiciary” – ODF’s hearing in the European Parliament

“Law and Justice’s Campaign against Polish Judiciary” – ODF’s hearing in the European Parliament

In light of the ongoing assault on the independence of the judiciary in Poland by the ruling Law and Justice (PiS) party – and especially the recently-exposed hate campaign against judges and prosecutors, orchestrated by the justice ministry itself – the Renew Europe group and the Open Dialogue Foundation have organised on December 12th, 2019, a European Parliament lunch debate with prosecutors and judges persecuted in Poland.

ODF among signatories of the letter to the President of EC regarding the breach of the rule of law in Poland

ODF among signatories of the letter to the President of EC regarding the breach of the rule of law in Poland

Non-governmental organisations (including the Open Dialogue Foundation) and academics specialising in issues related to the rule of law and the protection of human rights, sent an open letter to the President of the European Commission, in which they call for immediate steps to stop the rapidly growing legal chaos in Poland, including prompt submission in the European Court of Justice, of an application for interim measures in Case C-791/19 Commission v Poland, pending before the Court of Justice. The full content of the letter is presented below.