On behalf of AIJA – International Young Lawyers Association – I would like to express our great concern with recent legislative changes of the judicial system in Poland, passed by the Polish Parliament on July 12, 2017, i.e. the act on the National Council of the Judiciary and the act on Organization of Common Courts. This concern also extends to the legislative plans concerning composition of the Polish Supreme Court.
Independent judicial system is a foundation of rule of law. Only independent courts may provide effective protection to basic human
rights, including right to fair trial. The system, which apparently has been created by recent legislative changes, and those only contemplated, in which the legislative (parliament) and executive power (Ministry of Justice) shall have direct influence over appointment of judges, is a denial of independence. In fact, the system so created will be entirely depended from the executive power. If these laws enter into force, it means that individuals in Poland will no longer have access to independent courts within the meaning of Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which reads:
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law.
AIJA, as a global organization gathering young lowers from all over the world, is committed to defend and take active part in promoting core legal principles, such as the rule of law and human rights. In this capacity, we urge the President of Republic of Poland, to use all powers vested to you by Polish Constitution, including the veto right, to provide effective protection of basic human rights in Poland and prevent entry into force of the legislative changes which will deny the protection of human rights.
David Frølich, President of AIJA