High court judge: Rule of law in Poland is "systematically damaged".

Wascurito

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In what has been billed as a lead test case for Europe, a High Court judge has stated that "the common value of the rule of law" in Poland has been "systematically damaged" and that democracy in that country has been breached.

The comments were made during a hearing dealing with the extradition of one Artur Celmer a Polish national, who is wanted in his own country on drug trafficking charges. Ms Justice Aileen Donnelly said a number of legislative changes in Poland in the last two years were "so immense" that they amounted to "what appears to be the deliberate, calculated and provocative legislative dismantling by Poland of the independence of the judiciary, a key component of the rule of law".

Celmer's counsel, Seán Guerin SC said that assumptions of trust and confidence at the heart of the European Arrest Warrant process could no longer be relied upon with regard to Poland.

Justice Donnelly said it was necessary for the High Court to request a ruling from the European Court of Justice before making a final determination on the case because "respect for the rule of law is essential for mutual trust in the operation of the European arrest warrant" process.

RTÉ News: High Court judge wants ruling over 'immense' law changes in Poland
 


Wascurito

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Some of the recent changes in Poland are mind-boggling.....!

"a new regime which reduce the retirement age for female judges from 67 to 60 and for male judges from 67 to 65"
 

Deadlock

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Some further background from last nights BBC2 Newsnight that puts much of what the OP deals with in a broader Polish societal context. Well worth the quarter of an hour or so to watch.

[video=youtube;3KR0nPaWx_c]https://www.youtube.com/watch?v=3KR0nPaWx_c[/video]
 

statsman

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Good judgement. This needs to be tested in the ECJ as soon as possible.
 

Dame_Enda

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I agree that the Polish govt has undermined the independence of the judiciary but I don't think we want to create incentives for accused criminals to come here and turn Ireland into a new Costa del Crime.
 

ger12

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This is politics.

Not law.

When was this judge appointed?
 

ger12

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Dame_Enda

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ger12

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Some further background from last nights BBC2 Newsnight that puts much of what the OP deals with in a broader Polish societal context. Well worth the quarter of an hour or so to watch.

[video=youtube;3KR0nPaWx_c]https://www.youtube.com/watch?v=3KR0nPaWx_c[/video]
Absolutely.

But the ruling wasn't about the law. It's about politics.
 

statsman

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It's a political statement FFS.
A lot of extradition cases are. If there is no basis in law for the judgement, the ECJ will overturn it and order the extradition.
 

Dame_Enda

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If the charges predate the reform of the judiciary then it's hard to argue they are politically motivated by Poland.

I would argue that the French Justice system is highly politicised because one third of the Constitutional Council is appointed by the president, and prosecutors often go after politicians close to elections yet we don't hear those arguments for them. And we've seen the politicisation of Spanish courts regarding Catalunya.

Thirdly Ireland is not fully signed up to the JHA Chapter of the EU Treaty but has an ad hoc opt-in from it, which also leads me to question our jurisdiction on the Polish Justice system.
 

Deadlock

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... a High Court judge has stated that "the common value of the rule "respect for the rule of law is essential for mutual trust in the operation of the European arrest warrant" process.

RTÉ News: High Court judge wants ruling over 'immense' law changes in Poland
This is politics.

Not law.

When was this judge appointed?
Very glib dismissal there ger - if someone did that on the abortion threads you'd have a paroxysm of conniptions.
 

GDPR

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This is basically because Poland still values it's Christian patrimony and for the powers that be at Brussels that simply cannot do.
 

Spirit Of Newgrange

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so was it the Poles stood up to the EU immigration steamroller ? and so it declared them illegal ? or have i missed something ?
 

brughahaha

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A lot of extradition cases are. If there is no basis in law for the judgement, the ECJ will overturn it and order the extradition.
The ECJ is an activist court and will do whatever gives the EU and the ECJ more power :roll:

And i'll lay €100 this judge will get some well paid tax free cushty eu number as a Thank You at some date in the future .....
 

Prester Jim

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Some of the recent changes in Poland are mind-boggling.....!

"a new regime which reduce the retirement age for female judges from 67 to 60 and for male judges from 67 to 65"


Strange, off the top of my head it might be a way to remove the older judges put in by previous govt?
 

brughahaha

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No, it's most definitely law. One thing we are blessed with in this country is a fair judiciary (at senior levels), by and large
Your joking right ? Ther Law library is like the Dail without the elections
 


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