Statement by the former presidents of the Constitutional Tribunal: Marek Safjan, Jerzy Stępień, Bohdan Zdziennicki and Andrzej Zoll

Four former presidents of the beleaguered Polish Constitutional Tribunal have issued a powerful statement calling on the legal community and the President to defend the Court and, indeed, the constitutional order of the Republic.

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The EU and Poland: Giving up on the Rule of Law?

With an off-hand remark in a Belgian newspaper, President Juncker has called off the EU Commission’s effort to pressure Poland into following the rule of law. If he went through with this, he would not only pull the rug from under his own First Vice President Timmermans and spare the national governments the necessity to live up to their responsibilities. The Commission President deciding that the slide of a member state into authoritarianism is not his business, with a Trump Presidency in the US coming, forgoes the European Union’s claim to be capable of fulfilling its leadership role in the world.

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Systemic Threat to the Rule of Law in Poland: What should the Commission do next?

Considering the overwhelming evidence of a deliberate governmental strategy of systematically undermining all checks and balances in Poland as well the uncooperative behaviour of Polish authorities, the Commission has been left with no other choice but to trigger the Article 7 mechanism. Even if there is no realistic chance of seeing the Council adopting sanctions against Poland, this step would finally oblige national governments, meeting in the Council, to face up to their own responsibilities.

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Can Poland be Sanctioned by the EU? Not Unless Hungary is Sanctioned Too

Hungary has announced to block any Article 7 sanctions that the EU might propose against Poland. Why should Poland back down when nothing will come of standing up to the EU? Given Polish intransigence, the Commission may be tempted to stall for time or to retreat, which would be disastrous for the rule of law in the European Union. But the power to levy Article 7 sanctions can be restored. The Commission should do now what it should have done long ago. It should begin by triggering Article 7 (1) not only against Poland, but against Hungary as well.

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Is the EU Commission’s Rule of Law Fight about Poland already lost?

In ten days, the deadline set by the EU Commission to Poland in the current stand-off about the Polish constitutional crisis will expire. A lot is at stake for both sides. In Warsaw few expect that the Commission will still be able to keep the ruling party from having it their way.

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Hat die EU das Kräftemessen mit Polen bereits verloren?

Zehn Tage. So lange hat Polens Regierungspartei mit dem schönen Namen „Recht und Gerechtigkeit“ (PiS) noch Zeit, den Konflikt mit der EU-Kommission um das polnische Verfassungsgericht beizulegen. Für beide Seiten steht enorm viel auf dem Spiel. Doch in Warschau rechnet kaum jemand damit, dass die EU die Entmachtung des Verfassungsgerichts noch stoppen kann. Eine Recherche.

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„The National Council of the Judiciary is under attack in different ways“

While the crisis about the Polish Constitutional Tribunal remains unresolved, ordinary judges in Poland and the constitutional body responsible to safeguard their independence increasingly find themselves in the crosshairs of the vindictive governing party PiS as well. An interview with Waldemar Żurek, spokesman of the National Council of the Judiciary of Poland.

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Constitutional justice in Handcuffs? Gloves are off in the Polish Constitutional Conflict

A high-ranking PiS politician has announced that those Constitutional Tribunal judges who will not bend to the will of the PiS majority will be removed from office. This marks a new step of escalation in the ongoing constitutional crisis in Poland.

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