Judges under pressure – report of the Iustitia Association on the methods of harassment of independent judges by the authorities
A disciplinary system was established in Poland in 2017 as a part of the legal changes regarding the judiciary, which was supposed to ensure that judges are subordinated to the political will. There may be numerous pretexts: a public statement, wearing a T-shirt with the inscription “Konstytucja” [Constitution], approaching the Court of Justice of the European Union with a request for a prejudicial ruling, or issuing a judgment which is not in line with the thoughts of the prosecutors or the political authority.
Disciplinary proceedings are not the only repression affecting judges who are demanding the observance of the principles of the rule of law in Poland by the remaining authorities.
Divisions and positions are eliminated for such judges or their job specifications are changed so that they have to adjudicate on matters with which they previously had no experience.
It is then easier to make a mistake, which creates an excuse for initiating disciplinary proceedings.
Report presents a compilation of the most flagrant cases of repression of Polish judges over the past year.