- Title: U.N. warns of 'chilling effect' of Polish judiciary reform
- Date: 20th December 2019
- Summary: WARSAW, POLAND (RECENT - DECEMBER 1, 2019) (REUTERS) (NIGHT SHOTS) ***WARNING: CONTAINS FLASH PHOTOGRAPHY*** PROTESTERS GATHERED CHANTING (Polish): "FREE COURTS" PLACARD READING (Polish): "OUR HOLY GOD, SAVE POLAND FROM ZIOBRO" (ZBIGNIEW ZIOBRO, POLAND'S JUSTICE MINISTER) PROTESTERS GATHERED, HOLDING EU FLAG AND WHITE ROSE WHITE ROSE SUSPENDED JUDGE, PAWEL JUSZCZYSZYN, SPEAKING ON STAGE GENEVA, SWITZERLAND (DECEMBER 20, 2019) (REUTERS) UNITED NATIONS BUILDING VARIOUS OF NEWS BRIEFING IN PROGRESS (SOUNDBITE) (English) SPOKESMAN FOR UNITED NATIONS OFFICE FOR THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR), RUPERT COLVILLE, SAYING: "It is very, very restrictive of what the judges can do in terms of many fairly normal activities that we all do. And of course, the overall effect of that is really, very chilling effect on the judiciary. It is so restrictive that it may impact very much on the willingness to, you know, get involved in important and legitimate legal arguments and discussions." JOURNALISTS LISTENING (SOUNDBITE) (English) SPOKESMAN FOR UNITED NATIONS OFFICE FOR THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR), RUPERT COLVILLE, SAYING: "We urge the Polish government and the members of the parliament - Sejm - to consider carefully the potential impact of this draft legislation on the rule of law in Poland. As a state party to the International Covenant on Civil and Political Rights, Poland is required to ensure the independence of the judiciary, and as an incoming member of the U.N. Human Rights Council, Poland is also expected to set a high standard of compliance with international human rights law. Any measures which are contrary to the separation of powers and the independence of the judiciary should immediately be lifted." WARSAW, POLAND (RECENT - DECEMBER 1, 2019) (REUTERS) (NIGHT SHOTS) POSTER BEING HELD IN AIR, READING (Polish): "BRAVO! INDEPENDENT JUDGE JUSZCZYSZYN" PROTESTER HOLDING POSTER READING (Polish): "FREE COURTS" GENEVA, SWITZERLAND (DECEMBER 20, 2019) (REUTERS) (SOUNDBITE) (English) SPOKESMAN FOR UNITED NATIONS OFFICE FOR THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR), RUPERT COLVILLE, SAYING: "And we are concerned by draft legislation, which was submitted to the Polish parliament on the 12th of December, which risks further jeopardizing the independence of the judiciary in Poland and would place constraints on judges in exercising their freedom of association and freedom of expression. It could even result in judges being dismissed if they question the government's judicial reform." WARSAW, POLAND (RECENT - DECEMBER 1, 2019) (REUTERS) (NIGHT SHOTS) VARIOUS OF PROTESTER HOLDING WHITE ROSE, WEARING PIN BADGES PROTESTERS HOLDING TWO FINGERS IN AIR, MAKING PEACE SIGN AND SINGING NATIONAL ANTHEM PROTESTERS GATHERED GENEVA, SWITZERLAND (DECEMBER 20, 2019) (REUTERS) (SOUNDBITE) (English) SPOKESMAN FOR UNITED NATIONS OFFICE FOR THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR), RUPERT COLVILLE, SAYING: "The draft act which amends the existing law on the structure of common courts, the law on the Supreme Court and a number of other acts may also prevent judges from fulfilling their legal obligation under EU treaties to apply EU law. In general, it risks further undermining the already heavily challenged independence of the judiciary in Poland." JOURNALISTS LISTENING NEWS BRIEFING IN PROGRESS U.N. SPHERE AND FLAG
- Embargoed: 3rd January 2020 12:13
- Keywords: Geneva Poland United Nations judiciary protests
- Location: WARSAW, POLAND / GENEVA, SWITZERLAND
- City: WARSAW, POLAND / GENEVA, SWITZERLAND
- Country: Switzerland
- Topics: Government/Politics,United Nations
- Reuters ID: LVA001BAS6YIV
- Aspect Ratio: 16:9
- Story Text: The newest overhaul of the Polish justice system has a "chilling effect" on the judiciary and may negatively affect judges' ability to express their voice, the United Nation's human rights spokesman Rupert Colville said on Friday (December 20).
On Thursday (December 19), the Polish parliament started to discuss the newest overhaul of the judiciary, aimed, as opposition says, at tightening grip over the system by the ruling nationalists, or making it more effective, as the ruling party claims.
"It is so restrictive that it may impact very much on the willingness to get involved in important and legitimate legal arguments and discussions," Colville said at a news briefing in Geneva, commenting on the Law and Justice (PiS) party reform.
The draft legislation included disciplinary measures for judges who have questioned the independence of peers nominated by a panel set up under new rules drawn up by the PiS-dominated parliament.
The European Commission asked on Friday (December 20) Poland to hold off adopting the draft law until Warsaw consults the Venice Commission of constitutional law experts of the Council of Europe.
The Commission, the guardian of European Union treaties that trump all national laws, also said that before proceeding with the draft law on judges, Polish authorities should consider available case law of the European Court of Justice, signaling existing rulings contradicted the planned Polish legislation.
Once the lower house approves the legislation, it goes to the opposition-controlled upper chamber, the Senate, where anti-PiS parties will demonstrate for the first time since the October elections their ability to delay the ruling party's legislation.
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