Open Letter to Vice-President Frans Timmermans
European Commission
8 June, 2018
Dear Vice-President Timmermans,
We write as legal and constitutional scholars who are particularly concerned with the European Union, democracy, and the rule of law.
We believe that the time has come for the EU institutions, and the Commission in particular, to take urgent and decisive steps to respond to recent actions of the Polish government that constitute an assault on the rule of law in that country. The Law and Justice government has adopted laws relating to the courts, the National Council of the Judiciary and the Supreme Court which, when taken together, substantially undermine judicial independence and subordinate the judiciary to the governing party.
The procedure already initiated under Article 7 TEU has thus far brought about only cosmetic amendments to the laws introduced by the government of Poland. We believe that the law on the Supreme Court should be made the subject of urgent and immediate infringement proceedings under Article 258 and Article 279 TFEU to highlight the violation of provisions such as Articles 2, 4(3) and 19(1) of the Treaty on European Union that the law on the Supreme Court would bring about.
If the law on the Supreme Court enters into force in the beginning of July, as is currently planned, a large number of sitting judges of that Court will see their tenure unconstitutionally extinguished. In combination with an increase in the number of seats on the Supreme Court, this means that the newly politicized National Council of the Judiciary, elected by the governing party, will be in a position to appoint a majority of the judges on the Supreme Court. We believe this to be in direct contravention of the rule of law, which is proclaimed as a core value of the EU in Article 2 TEU, and of the fundamental requirement of the independence of the judiciary which is a key component of the rule of law.
We urge the Commission to take the immediate necessary steps to initiate the infringement procedure, with a view to enabling the Court of Justice, in case these laws are not reversed, to rule on the matter.
In addition to the threat to the rule of law in Poland, we believe that the credibility of the European Union as a whole, and its commitment to the rule of law, is at stake.
Yours sincerely,
Wojciech Sadurski, University of Sydney, University of Warsaw
Gráinne de Búrca, New York University
Bruce Ackerman, Yale University (for purposes of institutional identification only)
Jan Barcz, Kozminski University, Warsaw
Monica Claes, Maastricht University
Paul Craig, Oxford University
Bruno de Witte, Maastricht University and European University Institute, Florence
Gábor Halmai, European University Institute, Florence
Ronald Janse, Open University, Heerlen, the Netherlands
R. Daniel Kelemen, Rutgers University
Claire Kilpatrick, European University Institute, Florence
Tomasz Tadeusz Koncewicz, University of Gdansk; Program in Law and Public Affairs, Princeton University
Martin Krygier, University of New South Wales, Australia
Mattias Kumm, WZB Berlin and New York University
Marcin Matczak, University of Warsaw
Vlad Perju, Boston College
Laurent Pech, Middlesex University London
Kim Lane Scheppele, Princeton University
Robert Schuetze, Durham University and College of Europe, Bruges
Joanne Scott, European University Institute, Florence
Maximilian Steinbeis, Verfassungsblog
Neil Walker, University of Edinburgh
Stephen Weatherill, Oxford University
If you wish to co-sign this letter and show your support, please leave a comment with your name and affiliation. Much appreciated! Verfassungsblog
Paul Blokker, Charles University in Prague
Dimitry Kochenov, University of Groningen, The Netherlands
Joris Larik, Leiden University, The Netherlands
#IDemandRuleOfLaw #Poland
As one of the polish civil servants of European Commission – I fully support this letter/initiative and urge EU Institutions to take concrete measures aimed at protecting the values and principles upon which EU was built.
The EU of Robert Schuman was a Europe based on Christian values. Now, it is the tyranny of left-wing political corectness. Which values do you mention?
I fully support our letter!
I fully support this open letter.
I fully agree with the message of that letter and support its Authors.
Krzysztof Podemski, sociologist, Adam Mickiewicz University, Poznań, Poland
Support!
I fully support this open letter.
Mikolaj Iwanski
assistant proffesor
Chair of Criminal Law
Jagiellonian University
nO JA TESZ POPIERAM
I fully support the message of this letter.
I fully support this open letter. I also demand Rule Of Law in Poland
Ulad Belavusau, T.M.C. Asser Institute, The Hague (The Netherlands).
I fully support this open letter.
Jerzy Kałążny, germanist, Adam Mickiewicz University, Poznań, Poland
Rule Of Law in Poland (an Israel as well).
Tobias Lock, University of Edinburgh
Support!
Popieram!
Popieram z całego serca. Konstytucja. Wolne sądy. Żywa gotówka.
Support
Kirill Koroteev, Legal Director, Human Rights Centre “Memorial” (Moscow)
I fully support the statement.
Prof. Stanley N. Katz
Public and International Affairs; Program in Law and Public Affairs
Woodrow Wilson School
Princeton U., USA
I fully support the statement.
Dr. Antonis Metaxas
Ass. Professor, Chair of EU Law, University of Athens, Vis. Professor, TU Berlin
I fully support this letter.
Prof. ALK dr hab. Agnieszka Grzelak, Kozminski University, Warsaw
I fully support this letter!
I fully support this letter!
I fully support this letter !
In 1953, Polish intellectuals signed an open letter to the authorities, in which they expressed their support for the sentence of death penalty for Cracow priests. The accusation was made up, the trial was demonstrative.
Today we have fabricated accusations against Poland and a servile open letter. The authorities in Brussels are as unresonable as in the 1950s in communist Poland. Too many similiarities.
We witnessed similar attacks against Austria and Hungary – always when people made a demokratic decison that was not in line with the beliefs of European “elites”.
I find it hard to believe your statement was made in good faith.
The open letter addresses the violation of the principle of separation of powers. If you disagree, it’s fine to state your arguments.
But to compare the open letter in defense of democracy to an open letter asking for someone’s death… is just nonsensical.
There have been many open letters written by individuals and institutions in the past, some of them commendable, others awful. By finding an example of a vicious open letter in our country’s history you have not proven any point.
Polish intellectuals have stood up for democracy in communist Poland many times, and the then-rulers attacked them the same way you are doing now.
The Polish parliament, even though it was democratically elected, has to work within the limits of the law and does not have the mandate to violate the constitution.
The actions of the current Polish government are not exempt from criticism and as European citizens we are entitled to appeal to the EU authorities to defend our rights and the principles of democracy of which the separation of powers is a fundamental one.
I support this letter
George L. Bustin
Program in Law and Public Affairs
Princeton University
I fully support the letter and this initiative.
Prof. Dr. Jens-Peter Schneider, Professor of Public Law, University of Freiburg
I support this letter.
Dr Jacob Thaisen, University of Oslo
European Affairs Master’s Student at Sciences Po Paris
Sujit Choudhry
Center for Constitutional Transitions & WZB Berlin
Matej Avbelj, Nova Univerza, Ljubljana
To be honest it’s clearly an unprecedented step to petition for an intervening in any kind of reform of a souvereign state. And more so in such complicated matter as a law system, which is often a result of centuries of tradition, but also reforms. And these reforms are a necessary part of the process. So let the democraticly chosen government of Poland decide what’s best for their country.
Poland has voluntarily entered the European Union and thus has voluntarily accepted its principles of operation.
Yes, by signing an international treaty, a country is in effect limiting its sovereignity – it has to abide by the rules of the contract. Same as any other country in Europe!
Which, by the way, is a good thing.
One condition of our entering the EU was adhering to the principles of democracy. One reason several Eastern European have not been admitted is that their legal systems are still not democratic.
*several Eastern European countries.
Jernej Letnar Černič, Nova Univerza, Ljubljana.
In full support.
Massimo Fichera, University of Helsinki
I support this letter.
Marc de Wilde
University of Amsterdam
I’m fully supporting this letter
Thank you for the letter. I do support it.
Lukasz Bojarski, INPRIS, Warsaw
I join the initiative and fully support the letter.
We support this request, wholeheartedly!
J.P. Schoffer Petricek
Pulse of Europe – Canarias
I support this letter
Great initiative
Zdecydowanie i w pełni popieram!
Tom Gerald Daly, Melbourne Law School, Australia
Aleksandra Hadzelek
School of International Studies
UTS Australia
I fully support the statement
#IDemandRuleOfLaw #Poland
Giovanni Gruni
Assistant Professor, Leiden Law School
Giovanni Gruni
Leiden Law School
Dear Mr Majchrzyk
Thank you for your comment. You are right to stress that democracy is important and that PiS government has democratic-electoral legitimacy. Note, however, that many of its actions, including those which we highlight in our Open Letter, go directly against provisions of the Constitution of Poland of 1997, hence constitute de facto constitutional change. But PiS has no constitutionalmajority, and has not processed these changes through a constitutional amendment procedure. In this way, it has violated the Constitution, thus, the rule of law.
Being worried about the situation of rule of law in Poland, I fully support this open letter.
Akio Komorida. Kanagawa Uniwersity, Japan
Dr Dionyssis G. Dimitrakopoulos, Birkbeck College, University of London
I fully support this letter.
I support this letter in 100%.
I fully support this initiative. Already in late 2015/early 2016 we witnessed flagrant breaches by the executive & legislative organs of constitutionally enshrined Rule of Law precepts that resulted in the marginalisation of the Constitutional Tribunal. The independence of the judiciary is indeed a key element of a common core of European Rule of Law values required by membership of the Council of Europe & the EU.
Andrew Drzemczewski, Visiting Professor University of Middlesex London; former Head of the Legal Affairs & Human Rights Department, Parliamentary Assembly of the Council of Europe.
Full support for this letter!
Maurice Adams
Tilburg University, the Netherlands
I support this letter.
Martin Kuijer
Professor human rights law, VU University Amsterdam
I fully support this letter.
I fully supoort this open letter.
Teresa Violante, Goethe-Universität Frankfurt
I fully agree with the message of the letter and support it.
Jacek Wiewiorowski, University of Gdańsk, Poland
I also support the iitiative
Unfortunately,the drafters of ART. 7 have devised a political process (that is through a decision of the Council) leading to a condamnation of a member state for violation of art. 2.
A juridictional process (that is through a ruling of the ECJ) would have been more in line with the normal EU procedure against treaty violations – and immune against accusations of political interference.JGG
I fully support this open letter.
My fully support and appreciation!
I fully support this open letter.
Jasminka Hasanbegovic, Professor of Legal Theory and Philosophy of Law, University of Belgrade Law School
We fully support this open letter !!
I fully support this letter.
George Peretz QC
Monckton Chambers
London
I fully support this open letter.
Prof. YukselSezgin
Maxwell School of Public Affairs and Citizenship
Syracuse University
CEU, Budapest
urgent matter indeed
All my support
I fully support this letter.
Sébastien Platon
Professor of Public Law
University of Bordeaux
Maarten Hillebrandt, University of Bielefeld
I fully support this letter.
Damian Kamiński
EU civil servant
Dear Monsieur Giraud
I believe that both paths – a more political one through Article 7 and a more judicial, through am infringement action, are mutually complementary, and neither should be privileged towards the other. Especially, when the breaches of the rule of law are comprehensive, as is the case of Poland these days, EU’s response should also be comprehensive, using various Treaty vehicles and paths available.
Best regards
WS
I support this letter.
Alexander Teutsch,
University of Innsbruck, Austria.
Kati Cseres, University of Amsterdam, Hungarian Academy of Social Sciences
I fully support this letter.
Andreas Orator
WU Vienna University of Economics and Business
I fully support this letter
Lukasz Gruszczynski, associate professor, Institute of Law Studies of the Polish Academy of Sciences
I want to expres full support for the letter and request the European Commission to take urgently all measures to start the infringement procedure.
With respect,
Joanna Lisiecka
MA graduate student from Fletcher School of Law and Diplomacy, US
I fully support this endeavor since Poland under the present government is alas on the best way to leave European democracies based on the rule of law- in particular the separation between the legislative, the executive and the judiciary- human rights and good governance
I am shocked and saddened not by the letter written by law professor Sadurski. This somewhat aged “Red Prince”, a privileged son of a Communist apparatchik, predictably hates the current Polish government, very popular for their wide reforms benefitting the under-privileged and depriving such red princes of their undeserved privileges almost 30 years after the alleged fall of Communism in Poland. Any Pole knows it; the red princesses referring to “the plebs” with contempt, would never admit it, of course.
I am shocked and saddened by other signatories, some of them renowned foreign scholars, because they allowed their endorsement to such a letter harming the Polish People the same way as Wolter by lending his name for money to Tsar of Russia and King of Prussia to smear the good name of Poland in preparation for annihilation of the Polish state in eighteenth century!
Without reaching deeper into real understanding of the Polish reforms, they employ a clear double standard: what was good for Germany or Czech Republic in their de-communisation of justice system or is routinely good for other Member States is not good for Poland because it is Poland and not Germany or Spain!
Yet, the most objectionable is another feature of that substandard legal argument attempted in vain to be covered by the famous names. There is no mention of the most important fact: Article 2 of TUE (other norms are decorations) does not provide any competency for the EU institutions to impose judiciary or labour systems on any Member State or assess its compatibility with the rule of law. The European Court of Justice (ECJ) or Commission (EC) have no power to interfere into the Polish or any other Member State’s judiciary or labour reforms. Yet, the professors of law encourage both to break the treaties!
Here is the wording of Article 2:
Article 2
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Nothing here gives any power to ECJ or EC to interfere into a Member State’s judiciary reforms in any way.
Historically, Member States have never given the ECJ or EC any powers to change the treaties on European Communities or European Union. Yet, the Court and Commission are known to attempt such impositions frequently through faits accomplis. Even if such attempts are not successful at first, they learned that they usually are eventually when repeated stubbornly, especially at the expense of the weaker.
One leading example of such unlawful impositions is the judiciary invention in 1964 of the so-called primacy of Community law (Costa v ENEL) over the national laws of Member States, finally legalized in the Lisbon Treaty half a century later. Some powerful countries, notably Germany, manage to curtail it back by introduction into their constitutions the rule of supremacy of their constitutional tribunals.
Recently, another example, potentially very dangerous to any Member State, has been attempted by EC and directed against Poland: the so-called Rule of law procedure. And now we are at home.
As an European judge, I fully support this open letter. I also demand Rule Of Law in Poland
I fully support!
Gianluigi Palombella
professor of Applied Legal Theory
Scuola Superiore Sant’Anna- Pisa
I fully support your letter
It is high time to stand up for the Rule of Law!
I fully support your open letter.
Professor Thomas Giegerich, Europa-Institut, Saarland University, Saarbrücken, Germany
The rule of law and the independence of judges is basic to Poland’s signing of the European Convention of Human Rights and it’s membership of the EU. Support!
The rule of law and the independence of judges is basic to Poland’s signing of the European Convention of Human Rights and it’s membership of the EU. Support!
I fully support the letter and this initiative.
Prof. Dr. Matthias Ruffert
Walter Hallstein-Institut für Europäisches Verfassungsrecht
Humboldt-Universität zu Berlin
Popieram całym sercem!!!
I support this letter!
Manuel Müller
Der (europäische) Föderalist
Univ.-Prof. Antje Wiener, PhD FaCSS
University of Hamburg & University of Cambridge
I fully support this initiative.
Maria Weimer, Amsterdam Centre for European Law and Governance, University of Amsterdam
I fully support the letter and this initiative.
Dr Patrycja Dąbrowska-Kłosińska
Assistant Professor, Centre for Europe, University of Warsaw, Poland
Vesco Paskalev, University of Hull, UK
I fully support this letter
Aleksandra Gliszczyńska-Grabias, assistant professor, Institute of Law Studies of the Polish Academy of Sciences
I endorse this initiative.
I support this initiative.
Maria Bergström
Associate Professor in European Law
University of Uppsala
Sweden
Anna Jonsson Cornell, Faculty of Law, Uppsala University
Stijn Smismans, Cardiff University
I support this letter.
Mihaela Serban, Associate Professor of Law and Society, Ramapo College of New Jersey
Full support of the letter, Dominika Bychawska-Siniarska, Helsinki Foundatiom for Humam Rights
I fully support this letter as I indicated in Warsaw in September 17.
I totaly agree with authors’ assessment and fully support their initiative
Signed!
A judiciary independent of political authorities is essential to the rule of law.
Brian Tamanaha, Washington University, author of On the Rule of Law (2004)
Absolutely necessary. I fully support this initiative.
Art. 4.3. TEU and art. 47 of the Charter of Fundamentall Rights, which privede a wide array of opportunities to bring the reforms of the Polish government before the ECJ, are part of the Lisbon Treaty, which was negotiated and signed by late president Lech Kaczynski and submitted to ratification by his brother. Lets take them seriously. I support this letter wholeheartedly. Klaus Bachmann, prof. of social sciences, Warsaw.
As Director of Human Rights and Deputy Secretary-General of the Council of Europe I was involved in the integration of Poland into a Europe of pluralist democracy, rule of law and human rights. I am profoundly saddened and alarmed as I see the present Polish government betraying these fundamental values. I therefore strongly support the letter.
Supporrt
Anne Meuwese, Tilburg University, The Netherlands
I fully support this letter. I have discussed these issues in Warsaw last fall.
Dr Albert Sanchez-Graells, University of Bristol Law School
Tamara Hervey Jean Monnet Professor of EU Law, University of Sheffield
I support this letter, too.
Fabian Stroetges, Durham University
Readers of Verfassungsblog may be interested in this resolution adopted yesterday by Polish Constitutional Law Society:
Resolution of the General Assembly of members of the Polish Constitutional Law Society, adopted on 12 June 2018
Legislation adopted in the years 2016-2018 relating to constitutional adjudication, the ordinary courts, the Supreme Court and the National Council of Judiciary infringes the principles of the common good, constitutional norms, a democratic state based on the rule of law, the separation of powers as well as the independence of the judiciary, creating a danger for the Republic of Poland’s constitutional identity, especially with respect to human rights and national (internal) sovereignty.
The Polish Constitutional Law Society urges all public authorities to comply with the Constitution of Poland and to ensure the immediate and full restoration of the legal order’s conformity with the Constitution.
I fully support this open letter
Egbert Myjer, former Judge ECHR, elected in respect of The Netherlands
I fully support this initiative. Independence and impartiality of the judiciary are the very corner stone of the rule of law. I cannot believe that Poland, a country known for supporting the rule of law and human rights, is set to destroy these fundamental values.
I fully support this letter, I cannot believe that Poland is about to destroy the independence and impartiality of the judiciary, the very corner stone of the rule of law
I fully support this letter.
Atina Krajewska, University of Birmingham, UK
Published in today’s Gazeta Wyborcza:
This was published today in Gazeta Wyborcza
Europe, defend the rule of law in Poland!
Więcej na ten temat: Aleksander Kwaśniewski, Lech Wałęsa, reforma sądownictwa, PiS, Bronisław Komorowski, unia europejska, Komisja Europejska
Former Polish presidents, prime ministers, foreign ministers and leaders of the anti-communist opposition have written a letter to the European Commission
Since the fall of communism in 1989, Poland was one of the pioneers of the democratic transformations of Eastern and Central Europe. The culmination of the changes was marked by our accession to NATO and the European Union. Poland and its citizens, with their whole hearts and minds, were building the foundations of the democratic state and the rule of law that is one of the most vital merits of the united, free and democratic Europe.
On July 3rd, the Supreme Court reform bill enters into force in Poland. It will eventually disestablish the tripartite division of powers model, the model that is the essence of the democratic rule of law and the foundation for the identity of the European Union as an institution and an idea of unified states.
The mechanisms to defend of the rule of law in Poland proved to be ineffective.
Despite a strong resistance and a vociferous objection raised from the depths of the society, the ruling party completes the act of dismantling of the tripartite division of powers in Poland, explicitly violating Polish Constitution.
We, the citizens of Poland, also considering ourselves citizens of Europe, are convinced of the importance and significance of a free, democratic and lawfully ruled Poland in the European Union and therefore appeal to the European Commission and the Council of the European Union to remain committed to the fundamental principles of article 2 of the Treaty on European Union.
We do not abandon hope that the Polish governing authorities and the parliamentary majority will declare readiness for a fair dialogue with the institutions of the European Union and the politics that undermine our common European principles will be redirected.
The last administrative level that can defend the law and order in Poland is the European Union.
There will be no democratic Poland without the rule of law.
There will be no European Union without principles.
There will be no freedom without law and order.
Lech Wałęsa, President of Poland in 1990 – 1995, Nobel Peace Prize winner, first leader of the Solidarity movement
Aleksander Kwaśniewski, President of Poland in 1995 – 2000, 2000 – 2005,
Bronisław Komorowski, President of Poland in 2010 – 2015
Włodzimierz Cimoszewicz, Prime Minister of Poland in 1996 – 1997, Minister of Foreign Affairs in 2001 – 2005
Leszek Miller, Prime Minister of Poland in 2001 – 2004
Marek Belka, Prime Minister of Poland in 2004 – 2005
Kazimierz Marcinkiewicz, Prime Minister of Poland in 2005 – 2006
Andrzej Olechowski, Minister of Foreign Affairs in 1993 – 1995
Dariusz Rosati, Minister of Foreign Affairs in 1995 – 1997
Adam Rotfeld, Minister of Foreign Affairs in 2005 – 2005
Radosław Sikorski, Minister of Foreign Affairs in 2007 – 2014
Władysław Frasyniuk, underground Solidarity movement leader, political prisoner in 1982 – 1986
Bogdan Lis, underground Solidarity movement leader, political prisoner in 1984 – 1986
Zbigniew Bujak, underground Solidarity movement leader, political prisoner, Arrested in 1986
I fully support. Olga Śniadach University of Gdańsk
I fully support this letter.
Dr. Delia Ferri
Department of Law – National University of Ireland Maynooth
I completely agree wity the open letter to vice-president Timmermans.
Arend Soeteman, em. professor Legal Philosophy, vrije Universiteit, Amsterdam
François-Vivien Guiot, Maître de conférences, Toulouse 1 Capitole.
I fully support this open letter.
Martijn Hesselink
Professor of European private law
University of Amsterdam
The Netherlands
I support this letter.
I fully support the letter. By joining the EU, Poland has accepted the values on which the EU is founded. When the foundations are shaking, there is a great risk that the building collapses.The Commission, as the guardian of the Treaties, must prevent this..
I fully support the letter. By joining the EU, Poland has accepted the values and fundamental rights of the European constitutionnal identity. The Commission as the guardian of the treaties must prevent the violation of those values.
C.S. Dimitroulias, President of the Association of Women of the Southern Europe
Ex Vice president of the INGO Conference of the Council of Europe
I strongly believe that it is a fundamental responsibility of the European Union to take all the necessary steps through its bodies and procedures, including the Court of Justice, to ensure among its Member states respect for the basic values which underlie the EU. The rule of law and independence of judiciary are at the heart of these values. Their protection is not only in the interest of the EU as an organization but also in the interest of all its Member States and, most importantly, of all European citizens. EU legitimization, credibility and future are at stake.
I fully support
I also support this letter!
Katerina Tsampi, University of Groningen, the Netherlands
I fully support this letter. The Commission must play its role and must not keep silent.
I fully support this letter. It is a very important initiative and will hopefully have the effect desired.
I fully support the letter and I congratulate very warmly the scholars who took this important initiative
In full agreement and support of the Open Letter to Vice-President Timmermans may I add my signature to this most timely claim for Democracy and the Rule of Law.
Anthony Makrydemtres
Professor of Public Administration, National and Kapodistrian University of Athens – Greece
I support this letter PETTITI CHRISTOPHE AVOCAT AU BARREAU DE PARIS
I fully support this letter.
We should not stand aside while Prof. Sadurski is being severely harassed for his courage to criticize those in power!