09 Juni 2018

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


SUGGESTED CITATION  de Búrca, Gráinne; Sadurski, Wojciech: Open Letter to Vice-President Frans Timmermans, VerfBlog, 2018/6/09, https://verfassungsblog.de/open-letter-to-vice-president-frans-timmermans/, DOI: 10.17176/20180611-100321-0.

151 Comments

  1. Paul Blokker Sa 9 Jun 2018 at 12:56 - Reply

    Paul Blokker, Charles University in Prague

  2. Dimitry Kochenov Sa 9 Jun 2018 at 13:15 - Reply

    Dimitry Kochenov, University of Groningen, The Netherlands

  3. Joris Larik Sa 9 Jun 2018 at 13:20 - Reply

    Joris Larik, Leiden University, The Netherlands

  4. Magdalena Konopka Sa 9 Jun 2018 at 13:26 - Reply

    #IDemandRuleOfLaw #Poland

  5. Sebastian Pisarski Sa 9 Jun 2018 at 13:33 - Reply

    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.

    • Jerry Sa 9 Jun 2018 at 16:59 - Reply

      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?

  6. Filip Kmiec Sa 9 Jun 2018 at 13:38 - Reply

    I fully support our letter!

  7. Dawid Milczarek Sa 9 Jun 2018 at 13:48 - Reply

    I fully support this open letter.

  8. Krzysztof Podemski Sa 9 Jun 2018 at 13:58 - Reply

    I fully agree with the message of that letter and support its Authors.
    Krzysztof Podemski, sociologist, Adam Mickiewicz University, Poznań, Poland

  9. Bojan Bugaric Sa 9 Jun 2018 at 13:58 - Reply

    Support!

  10. Mikolaj Iwanski Sa 9 Jun 2018 at 14:15 - Reply

    I fully support this open letter.

    Mikolaj Iwanski
    assistant proffesor
    Chair of Criminal Law
    Jagiellonian University

  11. bOLESŁAW WAŁESA Sa 9 Jun 2018 at 14:31 - Reply

    nO JA TESZ POPIERAM

  12. Barbara Lyszczarz, LL.M. (Harvard) Sa 9 Jun 2018 at 14:33 - Reply

    I fully support the message of this letter.

  13. Janusz Krupa Sa 9 Jun 2018 at 14:47 - Reply

    I fully support this open letter. I also demand Rule Of Law in Poland

  14. Ulad Belavusau Sa 9 Jun 2018 at 14:53 - Reply

    Ulad Belavusau, T.M.C. Asser Institute, The Hague (The Netherlands).

  15. Jerzy Kalazny Sa 9 Jun 2018 at 15:07 - Reply

    I fully support this open letter.
    Jerzy Kałążny, germanist, Adam Mickiewicz University, Poznań, Poland

  16. Порфирий Ебанов Sa 9 Jun 2018 at 15:10 - Reply

    Rule Of Law in Poland (an Israel as well).

  17. Tobias Lock Sa 9 Jun 2018 at 15:14 - Reply

    Tobias Lock, University of Edinburgh

  18. Alicja Kunzendorf Sa 9 Jun 2018 at 15:40 - Reply

    Support!

  19. Alicja Kunzendorf Sa 9 Jun 2018 at 15:40 - Reply

    Popieram!

  20. Iwona Sa 9 Jun 2018 at 15:46 - Reply

    Popieram z całego serca. Konstytucja. Wolne sądy. Żywa gotówka.

  21. Prof.Dr. H.Van Meerten (Utrecht) Sa 9 Jun 2018 at 15:56 - Reply

    Support

  22. Kirill Koroteev Sa 9 Jun 2018 at 15:57 - Reply

    Kirill Koroteev, Legal Director, Human Rights Centre „Memorial“ (Moscow)

  23. Stanley N. Katz Sa 9 Jun 2018 at 15:58 - Reply

    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

  24. Prof. Dr. Antonis Metaxas Sa 9 Jun 2018 at 16:07 - Reply

    I fully support the statement.

    Dr. Antonis Metaxas
    Ass. Professor, Chair of EU Law, University of Athens, Vis. Professor, TU Berlin

  25. Agnieszka Grzelak Sa 9 Jun 2018 at 16:15 - Reply

    I fully support this letter.
    Prof. ALK dr hab. Agnieszka Grzelak, Kozminski University, Warsaw

  26. Lidia Bigaj Sa 9 Jun 2018 at 16:40 - Reply

    I fully support this letter!

  27. Jurgert Panagiotis Dhima Sa 9 Jun 2018 at 17:13 - Reply

    I fully support this letter!

  28. Beata Sa 9 Jun 2018 at 17:42 - Reply

    I fully support this letter !

  29. Jerry Sa 9 Jun 2018 at 17:46 - Reply

    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“.

    • Magdalena So 10 Jun 2018 at 09:58 - Reply

      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.

  30. George L. Bustin Sa 9 Jun 2018 at 17:54 - Reply

    I support this letter

    George L. Bustin
    Program in Law and Public Affairs
    Princeton University

  31. Prof. Dr. Jens-Peter Schneider Sa 9 Jun 2018 at 18:29 - Reply

    I fully support the letter and this initiative.

    Prof. Dr. Jens-Peter Schneider, Professor of Public Law, University of Freiburg

  32. jacob.thaisen@ilos.uio.no Sa 9 Jun 2018 at 18:38 - Reply

    I support this letter.

    Dr Jacob Thaisen, University of Oslo

  33. Spyridon Mathioudakis Sa 9 Jun 2018 at 18:39 - Reply

    European Affairs Master’s Student at Sciences Po Paris

  34. Sujit Choudhry Sa 9 Jun 2018 at 19:11 - Reply

    Sujit Choudhry
    Center for Constitutional Transitions & WZB Berlin

  35. Matej Avbelj Sa 9 Jun 2018 at 20:36 - Reply

    Matej Avbelj, Nova Univerza, Ljubljana

  36. Jarek Majchrzyk Sa 9 Jun 2018 at 20:45 - Reply

    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.

    • Magdalena So 10 Jun 2018 at 10:06 - Reply

      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.

      • Magdalena So 10 Jun 2018 at 10:07 - Reply

        *several Eastern European countries.

  37. Jernej Letnar Černič Sa 9 Jun 2018 at 21:23 - Reply

    Jernej Letnar Černič, Nova Univerza, Ljubljana.

  38. Janne Nijman Sa 9 Jun 2018 at 22:00 - Reply

    In full support.

  39. Massimo Fichera Sa 9 Jun 2018 at 22:52 - Reply

    Massimo Fichera, University of Helsinki

  40. Andrzej Jakubowski, Institute of Law, Polish Academy of Sciences Sa 9 Jun 2018 at 22:54 - Reply

    I support this letter.

  41. Marc de Wilde Sa 9 Jun 2018 at 22:55 - Reply

    Marc de Wilde

    University of Amsterdam

  42. Jan LECH Sa 9 Jun 2018 at 23:31 - Reply

    I’m fully supporting this letter

  43. Lukasz Bojarski Sa 9 Jun 2018 at 23:33 - Reply

    Thank you for the letter. I do support it.

    Lukasz Bojarski, INPRIS, Warsaw

  44. Prof. Dr. Włodzimierz Anioł, University of Warsaw Sa 9 Jun 2018 at 23:44 - Reply

    I join the initiative and fully support the letter.

  45. J.P. Schoffer Petricek So 10 Jun 2018 at 00:20 - Reply

    We support this request, wholeheartedly!

    J.P. Schoffer Petricek
    Pulse of Europe – Canarias

  46. Milosz Krawiecki So 10 Jun 2018 at 00:47 - Reply

    I support this letter

  47. Paweł Sadowski So 10 Jun 2018 at 00:49 - Reply

    Great initiative

  48. Tadeusz Lesniak So 10 Jun 2018 at 01:48 - Reply

    Zdecydowanie i w pełni popieram!

  49. Tom Gerald Daly So 10 Jun 2018 at 06:32 - Reply

    Tom Gerald Daly, Melbourne Law School, Australia

  50. Aleksandra Hadzelek So 10 Jun 2018 at 06:54 - Reply

    Aleksandra Hadzelek
    School of International Studies
    UTS Australia

  51. Pawel Przybylski So 10 Jun 2018 at 08:50 - Reply

    I fully support the statement

  52. Paweł Osiński So 10 Jun 2018 at 09:00 - Reply

    #IDemandRuleOfLaw #Poland

  53. Giovanni Gruni So 10 Jun 2018 at 09:02 - Reply

    Giovanni Gruni

    Assistant Professor, Leiden Law School

  54. Giovanni Gruni So 10 Jun 2018 at 09:03 - Reply

    Giovanni Gruni

    Leiden Law School

  55. Wojciech Sadurski So 10 Jun 2018 at 09:17 - Reply

    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.

  56. Akio Komorida So 10 Jun 2018 at 09:25 - Reply

    Being worried about the situation of rule of law in Poland, I fully support this open letter.
    Akio Komorida. Kanagawa Uniwersity, Japan

  57. Dionyssis G. Dimitrakopoulos So 10 Jun 2018 at 09:27 - Reply

    Dr Dionyssis G. Dimitrakopoulos, Birkbeck College, University of London

  58. Ela So 10 Jun 2018 at 09:32 - Reply

    I fully support this letter.

  59. Bartosz Wojdyla So 10 Jun 2018 at 09:39 - Reply

    I support this letter in 100%.

  60. A.Drzemczewski So 10 Jun 2018 at 09:48 - Reply

    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.

  61. Maurice Adams So 10 Jun 2018 at 11:14 - Reply

    Full support for this letter!
    Maurice Adams
    Tilburg University, the Netherlands

  62. R. Pioterczak So 10 Jun 2018 at 11:23 - Reply

    I support this letter.

  63. Martin Kuijer So 10 Jun 2018 at 11:25 - Reply

    Martin Kuijer
    Professor human rights law, VU University Amsterdam

  64. A. Saiz Arnaiz So 10 Jun 2018 at 11:55 - Reply

    I fully support this letter.

  65. Teresa Violante So 10 Jun 2018 at 12:10 - Reply

    I fully supoort this open letter.
    Teresa Violante, Goethe-Universität Frankfurt

  66. Jacek Wiewiorowski So 10 Jun 2018 at 12:52 - Reply

    I fully agree with the message of the letter and support it.
    Jacek Wiewiorowski, University of Gdańsk, Poland

  67. Marcin Kautsch So 10 Jun 2018 at 12:58 - Reply

    I also support the iitiative

  68. jean guy giraud So 10 Jun 2018 at 14:44 - Reply

    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

  69. David Crisóstomo So 10 Jun 2018 at 14:44 - Reply

    I fully support this open letter.

  70. Cezary Owerkowicz So 10 Jun 2018 at 14:50 - Reply

    My fully support and appreciation!

  71. Jasminka Hasanbegovic So 10 Jun 2018 at 14:59 - Reply

    I fully support this open letter.
    Jasminka Hasanbegovic, Professor of Legal Theory and Philosophy of Law, University of Belgrade Law School

  72. Zosia, Maciek Eckert So 10 Jun 2018 at 15:17 - Reply

    We fully support this open letter !!

  73. George Peretz QC So 10 Jun 2018 at 16:02 - Reply

    I fully support this letter.

    George Peretz QC
    Monckton Chambers
    London

  74. YUKSEL SEZGIN So 10 Jun 2018 at 16:45 - Reply

    I fully support this open letter.
    Prof. YukselSezgin
    Maxwell School of Public Affairs and Citizenship
    Syracuse University

  75. Petra Bard So 10 Jun 2018 at 17:40 - Reply

    CEU, Budapest

  76. Radoslaw Markowski So 10 Jun 2018 at 17:58 - Reply

    urgent matter indeed

  77. Piet Eeckhout So 10 Jun 2018 at 18:23 - Reply

    All my support

  78. Sébastien Platon So 10 Jun 2018 at 18:54 - Reply

    I fully support this letter.

    Sébastien Platon
    Professor of Public Law
    University of Bordeaux

  79. Maarten Hillebrandt So 10 Jun 2018 at 19:02 - Reply

    Maarten Hillebrandt, University of Bielefeld

  80. Damian Kamiński So 10 Jun 2018 at 19:20 - Reply

    I fully support this letter.

    Damian Kamiński
    EU civil servant

  81. Wojciech Sadurski So 10 Jun 2018 at 20:01 - Reply

    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

  82. Alexander Teutsch So 10 Jun 2018 at 20:07 - Reply

    I support this letter.
    Alexander Teutsch,
    University of Innsbruck, Austria.

  83. Kati CSeres So 10 Jun 2018 at 20:59 - Reply

    Kati Cseres, University of Amsterdam, Hungarian Academy of Social Sciences

  84. Andreas Orator So 10 Jun 2018 at 21:05 - Reply

    I fully support this letter.

    Andreas Orator
    WU Vienna University of Economics and Business

  85. Lukasz Gruszczynski Mo 11 Jun 2018 at 00:15 - Reply

    I fully support this letter

    Lukasz Gruszczynski, associate professor, Institute of Law Studies of the Polish Academy of Sciences

  86. Joanna Lisiecka Mo 11 Jun 2018 at 00:24 - Reply

    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

  87. Jean-Daniel Vigny Mo 11 Jun 2018 at 00:44 - Reply

    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

  88. Lidia Sokołowska-Cybart Mo 11 Jun 2018 at 07:21 - Reply

    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.

  89. Juan Carlos Toro alcaide Mo 11 Jun 2018 at 07:42 - Reply

    As an European judge, I fully support this open letter. I also demand Rule Of Law in Poland

  90. GIANLUIGI PALOMBELLA Mo 11 Jun 2018 at 07:43 - Reply

    I fully support!

    Gianluigi Palombella
    professor of Applied Legal Theory
    Scuola Superiore Sant’Anna- Pisa

  91. Tom Levold Mo 11 Jun 2018 at 08:00 - Reply

    I fully support your letter

  92. em. Univ.-Prof.Dr.Wolfgang Benedek Mo 11 Jun 2018 at 08:19 - Reply

    It is high time to stand up for the Rule of Law!

  93. Thomas Giegerich Mo 11 Jun 2018 at 08:31 - Reply

    I fully support your open letter.

    Professor Thomas Giegerich, Europa-Institut, Saarland University, Saarbrücken, Germany

  94. prof.Erik Jurgens, former member Parliamentary Assembly Council of Europe Mo 11 Jun 2018 at 09:20 - Reply

    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!

  95. prof.Erik Jurgens, former member Parliamentary Assemby Council of Europe Mo 11 Jun 2018 at 09:25 - Reply

    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!

  96. Matthias Ruffert Mo 11 Jun 2018 at 09:26 - Reply

    I fully support the letter and this initiative.

    Prof. Dr. Matthias Ruffert
    Walter Hallstein-Institut für Europäisches Verfassungsrecht
    Humboldt-Universität zu Berlin

  97. Janusz Polowczyk Mo 11 Jun 2018 at 09:40 - Reply

    Popieram całym sercem!!!

  98. Manuel Müller Mo 11 Jun 2018 at 09:53 - Reply

    I support this letter!

    Manuel Müller
    Der (europäische) Föderalist

  99. Professor Antje Wiener Mo 11 Jun 2018 at 10:39 - Reply

    Univ.-Prof. Antje Wiener, PhD FaCSS
    University of Hamburg & University of Cambridge

    I fully support this initiative.

  100. Maria Weimer Mo 11 Jun 2018 at 11:08 - Reply

    Maria Weimer, Amsterdam Centre for European Law and Governance, University of Amsterdam

  101. Patrycja Dabrowska-Klosinska Mo 11 Jun 2018 at 11:38 - Reply

    I fully support the letter and this initiative.
    Dr Patrycja Dąbrowska-Kłosińska
    Assistant Professor, Centre for Europe, University of Warsaw, Poland

  102. Vesco Paskalev Mo 11 Jun 2018 at 11:40 - Reply

    Vesco Paskalev, University of Hull, UK

  103. Aleksandra Gliszczyńska-Grabias Mo 11 Jun 2018 at 11:55 - Reply

    I fully support this letter
    Aleksandra Gliszczyńska-Grabias, assistant professor, Institute of Law Studies of the Polish Academy of Sciences

  104. Katarzyna Szymielewicz Mo 11 Jun 2018 at 12:03 - Reply

    I endorse this initiative.

  105. Grzegorz Racki Mo 11 Jun 2018 at 12:42 - Reply

    I support this initiative.

  106. Maria Bergström Mo 11 Jun 2018 at 12:48 - Reply

    Maria Bergström
    Associate Professor in European Law
    University of Uppsala
    Sweden

  107. Anna Jonsson Cornell Mo 11 Jun 2018 at 15:19 - Reply

    Anna Jonsson Cornell, Faculty of Law, Uppsala University

  108. Stijn Smismans Mo 11 Jun 2018 at 16:05 - Reply

    Stijn Smismans, Cardiff University

  109. Mihaela Serban Mo 11 Jun 2018 at 16:12 - Reply

    I support this letter.
    Mihaela Serban, Associate Professor of Law and Society, Ramapo College of New Jersey

  110. Dominika Bychawska-Siniarska Mo 11 Jun 2018 at 16:13 - Reply

    Full support of the letter, Dominika Bychawska-Siniarska, Helsinki Foundatiom for Humam Rights

  111. Prof.Dr.Jochen A. Frowein, former Director of the Max-Planck-Institute, Heidelberg,former Vice-President of the European Commission of Human Rights Mo 11 Jun 2018 at 16:23 - Reply

    I fully support this letter as I indicated in Warsaw in September 17.

  112. Prof. Leslaw Teper, University of Silesia in Katowice Mo 11 Jun 2018 at 16:45 - Reply

    I totaly agree with authors‘ assessment and fully support their initiative

  113. Valentin Schatz Mo 11 Jun 2018 at 17:27 - Reply

    Signed!

  114. Brian Tamanaha Mo 11 Jun 2018 at 20:14 - Reply

    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)

  115. Per Bergling Mo 11 Jun 2018 at 20:28 - Reply

    Absolutely necessary. I fully support this initiative.

  116. Klaus Bachmann Mo 11 Jun 2018 at 20:29 - Reply

    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.

  117. Peter Leuprecht Di 12 Jun 2018 at 03:12 - Reply

    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.

  118. Teresa Bozek Di 12 Jun 2018 at 04:41 - Reply

    Supporrt

  119. Anne Meuwese Di 12 Jun 2018 at 09:58 - Reply

    Anne Meuwese, Tilburg University, The Netherlands

  120. I fully support this letter. I have discussed these issues in Warsaw last fall.

  121. Albert Sanchez-Graells Di 12 Jun 2018 at 16:10 - Reply

    Dr Albert Sanchez-Graells, University of Bristol Law School

  122. Tamara Hervey Di 12 Jun 2018 at 21:02 - Reply

    Tamara Hervey Jean Monnet Professor of EU Law, University of Sheffield

  123. Fabian Stroetges Di 12 Jun 2018 at 21:28 - Reply

    I support this letter, too.
    Fabian Stroetges, Durham University

  124. Wojciech Sadurski Mi 13 Jun 2018 at 11:00 - Reply

    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.

  125. Egbert Myjer Mi 13 Jun 2018 at 11:46 - Reply

    I fully support this open letter
    Egbert Myjer, former Judge ECHR, elected in respect of The Netherlands

  126. Stefan Trechsel, former president of the Europeajm Mi 13 Jun 2018 at 13:20 - Reply

    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.

  127. Stefan Trechsel, former president of the European Commission of Human Richts, former Judge of the ICTY Mi 13 Jun 2018 at 13:22 - Reply

    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

  128. Atina Krajewska Mi 13 Jun 2018 at 14:21 - Reply

    I fully support this letter.
    Atina Krajewska, University of Birmingham, UK

  129. A. Drzemczewski Mi 13 Jun 2018 at 14:56 - Reply

    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

  130. Olga Śniadach Mi 13 Jun 2018 at 15:04 - Reply

    I fully support. Olga Śniadach University of Gdańsk

  131. Delia Ferri, Maynooth University Department of Law Mi 13 Jun 2018 at 15:47 - Reply

    I fully support this letter.

    Dr. Delia Ferri
    Department of Law – National University of Ireland Maynooth

  132. prof. dr. Arend Soeteman Do 14 Jun 2018 at 13:39 - Reply

    I completely agree wity the open letter to vice-president Timmermans.
    Arend Soeteman, em. professor Legal Philosophy, vrije Universiteit, Amsterdam

  133. Guiot Do 14 Jun 2018 at 14:01 - Reply

    François-Vivien Guiot, Maître de conférences, Toulouse 1 Capitole.

  134. Martijn Hesselink Do 14 Jun 2018 at 14:08 - Reply

    I fully support this open letter.

    Martijn Hesselink
    Professor of European private law
    University of Amsterdam
    The Netherlands

  135. Sanne Taekema, Erasmus University Rotterdam, the Netherlands Do 14 Jun 2018 at 15:58 - Reply

    I support this letter.

  136. Sophia Koukoulis-Spiliotopoulos,Barrister at the Greek Supreme Courts Do 14 Jun 2018 at 18:03 - Reply

    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..

  137. Catherine Sophie Dimitroulias Do 14 Jun 2018 at 19:42 - Reply

    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

  138. Zdzisław Kędzia Do 14 Jun 2018 at 21:38 - Reply

    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.

  139. Teresa Bozek Fr 15 Jun 2018 at 03:57 - Reply

    I fully support

  140. dr. Katerina Tsampi Fr 15 Jun 2018 at 16:40 - Reply

    I also support this letter!

    Katerina Tsampi, University of Groningen, the Netherlands

  141. .H Masse Paris Sa 16 Jun 2018 at 14:44 - Reply

    I fully support this letter. The Commission must play its role and must not keep silent.

  142. Hans Christian Kruger, former Secretary to the European Commission of Human Rights, former Deputy Secretary General of the Council of Europe. Mo 18 Jun 2018 at 11:51 - Reply

    I fully support this letter. It is a very important initiative and will hopefully have the effect desired.

  143. Epaminondas Spiliotopoulos, emeritus Professor,Athens University, Member of the Academy of Athens So 24 Jun 2018 at 00:29 - Reply

    I fully support the letter and I congratulate very warmly the scholars who took this important initiative

  144. ANTHONY MAKRYDEMETRES Mo 25 Jun 2018 at 13:14 - Reply

    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

  145. PETTITI CHRISTOPHE Di 26 Jun 2018 at 19:34 - Reply

    I support this letter PETTITI CHRISTOPHE AVOCAT AU BARREAU DE PARIS

  146. Prof. Morag Goodwin, Tilburg Law School Mi 8 Mai 2019 at 17:05 - Reply

    I fully support this letter.

  147. Professor Rivka Weill, Harry Radzyner School of Law, IDC Herzliya Mi 8 Mai 2019 at 20:50 - Reply

    We should not stand aside while Prof. Sadurski is being severely harassed for his courage to criticize those in power!

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