For more than two years, MEDEL has been observing the process of deterioration of the rule of law in Poland. During this time MEDEL has repeatedly called upon Polish authorities to stop this process, to restore the principle of separation of powers and to ensure the independence of the judiciary.
The Government of Poland as well as the President of Poland seem to ignore the appeals of the international judicial community and continue to implement its “reforms” of the judiciary, which in fact are only focused on subordinating judiciary to executive power.
MEDEL is deeply concerned that despite all warnings, the Polish government’s attempt to lower the mandatory retirement age of judges is due to come into effect this week.
MEDEL fully supports the European Commission’s intention to take the Polish government to the European Court of Justice over the legislation, on the grounds that “these measures undermine the principle of judicial independence, including the irremovability of judges, and thereby Poland fails to fulfil its obligations under article 19(1) of the treaty on European Union read in connection with article 47 of the charter of fundamental rights of the European Union.”
MEDEL also likes to express its solidarity with the Judges of the Polish Supreme Court and shares their view, that prof. Malgorzata Gersdorf should be considered as the legitimate president of Polish Supreme Court until the end of her term of office, in April 2020. MEDEL also considers all forcefully retired judges of Supreme Court as active Supreme Court judges, until the end of their terms of office.