Poland

The President of this former Eastern Bloc country to sign into law two Acts that place the country’s Judiciary under the control of the Legislative Assembly. The country’s President Andrzej Duda says the move is necessary to make the Judiciary more accountable to the people saying an unaccountable judiciary is a threat to the state’s wellbeing.
As a result the European Union has stripped the country of voting rights saying the laws negate the Principal of separation of powers…per Deutsche Welle….

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Hehehe The EU did the right thing. That’s the dumbest thing a country can do.

Really silly decision.

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@gashwin give your opinion on this! Don’t simply report…give your perspective…
I need to add that opinion to my already burgeoning repository of things you have mentioned on this forum. This has to be filed.

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Boss, if you wanna suck his nuts then be his guest, not ours.

I have never seen or heard anything noteworthy in and from this poor excuse of a human being.

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Bingwa everyone here knows your mental limits that’s why no one engages you in sober discussions. Case of an elephant giving a dirty pig some leeway.

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In short…maraga must go!

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Not going to happen in Kenya. Shelve your dreams.

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[ATTACH=full]146371[/ATTACH]

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The judiciary should be unfettered otherwise it’s not a judiciary. If you want to get proper judgements then make watertight laws.

:D:D:D:D:D alshabab heshimu wazee na si tafasali

There can never be watertight laws only watertight cases!

The president wants to be the judge jury and executioner hehe interesting times

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This has not happened yet. The process is very long and requires all other member states to agree on it…Hungary a very close ally of poland would veto any such motion

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Isn’t it obvious that that’s what he is advocating for…they say ageing is mandatory but wisdom does not always come with age.

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[SIZE=6]Fresh Poland protests over judiciary reform[/SIZE]
[ul]
[li]24 November 2017[/li][/ul]
[ul]

[/ul]

https://ichef.bbci.co.uk/news/660/cpsprodpb/F046/production/_98901516_2efffed4-d4a6-486a-8a78-112232b92faa.jpgImage copyrightEPA
Image captionDemonstrators have been chanting “Free courts, free elections, free Poland!”
Thousands of people have protested in Poland after MPs from the ruling party gave initial backing to controversial bills to reform the judiciary.

If approved, the two bills would give parliament and the president a greater say over the nomination of judges.

In July, President Andrzej Duda vetoed a version of the bills.

But the Polish opposition as well as the EU say the revised versions drafted by Mr Duda’s office still threaten the rule of law.

[ul]
[li]Polish MPs agree controversial reforms[/li][li]Hungary backs Poland in court reforms row[/li][/ul]
On Friday, protests took place in dozens of cities across Poland, with a large crowd gathering in the capital, Warsaw.

Demonstrators chanted, “Free courts, free elections, free Poland!”

They say that hardly anything has changed in the revised bills that violate the country’s constitution.

The European Commission has already said it is concerned that certain aspects of the bills - such as forcing 40% of Supreme Court judges to retire - are not compatible with EU law.

The PiS (Law and Justice) government - which is backed by a majority in parliament - says the reforms are needed to curb inefficiency, corruption and the influence of the former communist elite.

However, details of the revised bills are yet to be made public.

https://ichef-1.bbci.co.uk/news/624/media/images/75306000/jpg/_75306515_line976.jpg
[SIZE=5]Tools to politicise the judiciary
Analysis by the BBC’s Adam Easton in Warsaw[/SIZE]
People here say the government wants to pass laws that will put politicians and the justice minister in charge of the appointment and dismissal of judges.

They say those laws will give it the tools to politicise the judiciary, stripping it of its independence. And if the government controls the courts, they say then that jeopardises the holding of free elections.

Like similar demonstrations in July, the protest attracted many young Poles and the organisers made an effort for it not to be directly connected to the opposition political parties. Instead actors and celebrities read prose and poetry.

The government has already passed legislation to take control of the public media, the civil service and is leaning on NGOs it doesn’t like, protesters say.

The government says this is nonsense, the courts are in dire need of reform, and democracy is not under threat in Poland.

https://ichef.bbci.co.uk/news/624/media/images/75306000/jpg/_75306515_line976.jpg
In July Mr Duda vetoed two bills which would have allowed the justice minister to appoint senior judges.

https://ichef.bbci.co.uk/news/624/cpsprodpb/1766F/production/_97055859_040762137-1.jpgImage copyrightREUTERS
Image captionPresident Duda had already been forced to veto the previous bills
But he approved a third, which gave the government the right to name the heads of lower courts.

The bills prompted a wave of mass demonstrations.

The EU has threatened to impose sanctions if the bill were adopted.

Since coming to power in 2015, the PiS has been at loggerheads with the EU over the governing party’s push to toughen Poland’s migration policies and media laws.

-BBC News

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[SIZE=6]Polish government moves to take control of top court[/SIZE]

Updated 7/14/17, 5:37 PM CET

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Poland’s parliament, under the leadership of the conservative Law and Justice (PiS) party, passed a law dissolving an independent body responsible for the nomination of judges | Janek Skarzynski/AFP via Getty Images

[ul]

[li]WARSAW — Poland’s parliament, under the leadership of the conservative Law and Justice (PiS) party, passed a law dissolving an independent body responsible for the nomination of judges. At the same time, PiS submitted a draft law that would force the entire Supreme Court into retirement and give the country’s justice minister the ability to decide which judges can stay in their current roles.[/li][/ul]

Critics worry these dual moves pave the way for Poland’s executive branch to take full control of the judiciary. The parliament’s latest decision, in their view, is in line with earlier efforts by PiS, which came to power in 2015, to undermine checks and balances.

“Courts in our opinion are the stronghold of post-communists in Poland,” Jarosław Kaczyński, chairman of PiS and Poland’s de facto leader, said in a recent interview with Polish online news portal Onet.

“The Supreme Court is … protecting people who had served the old regime,” he said, adding that the judicial system is “controlled by lefties and … subordinated to foreign forces.”

Judges in Poland are selected through a process whereby the National Judiciary Council (KRS), consisting mostly of senior lawyers chosen by professional associations, propose judges who are later sworn in by the president. Under the new rules, parliament will nominate KRS members, giving the ruling party full indirect control over the appointment of judges.

Observers believe that part of the reasoning behind the new laws is preventing judges from making decisions not in line with the ruling party’s interest. Last month, for example, the Supreme Court ruled that the Polish president’s pardon of a convicted senior PiS official, Mariusz Kamiński, was illegal. The government, however, ignored the ruling and Kamiński continues to serve as a minister in charge of Poland’s security services.

A separate law, also passed on Wednesday, allows the country’s justice minister to nominate presidents of regional and appeal courts, taking this function away from judges’ caucuses. PiS had already finalized its de facto takeover of Poland’s Constitutional Tribunal earlier this year.

The announcement of the new legislation will be remembered “as a black Wednesday for the country,” said Małgorzata Gersdorf, president of the Supreme Court, in remarks to reporters on Thursday. “We see a high threat of de facto subordination of the judiciary to the executive in Poland. It is dangerous to the democratic system,” she said, adding that cutting short the six-year term of a Supreme Court president was unconstitutional.

The Polish parliament’s decision was also met with concern by international and European institutions, which have already expressed some worries about the ruling party’s earlier moves to centralize power.

“I regret adoption of new law on National Judiciary Council in Poland despite compelling contrary advice. Major setback for judicial independence,” tweeted Nils Muiznieks, the commissioner for human rights of the Council of Europe.

Criticism in Brussels came from across the political spectrum.

“The hasty vote in the Polish Sejm [parliament] on the reform of the judiciary is a turning point for Poland,” European People’s Party leader Manfred Weber wrote in a statement on behalf of his political grouping, adding that “a red line was crossed yesterday. With this vote, the PiS is putting an end to the rule of law and democracy in Poland and leaving the European community of values.”

Weber also called on the European Commission to react to “this severe violation of EU fundamental values” but the Commission has thus far declined to comment on any specific potential implications of Poland’s moves.

The ruling party enjoys the public’s backing in its moves against the courts: only one in three Poles views the country’s judiciary positively, according to a recent report by polling firm CBOS.

The Polish government has also promoted a narrative of a corrupt judicial system, citing wrongdoing and negligence among judges. Pro-government media highlights that many Poles complain about slow proceedings and corrupt practices within the judiciary.

But the government’s latest move to undermine judicial independence is far from universally popular.

As one social media commentator tweeted Thursday: “Soon law and justice in Poland will be replaced by Law and Justice.”

-Politico