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  1. #1
    Wascurito Wascurito is offline
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    High court judge: Rule of law in Poland is "systematically damaged".

    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
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  2. #2
    Wascurito Wascurito is offline
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    Some of the recent changes in Poland are mind-boggling.....!

    "a new regime which reduce[s] the retirement age for female judges from 67 to 60 and for male judges from 67 to 65"
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  3. #3
    Deadlock Deadlock is offline

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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.

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  4. #4
    statsman1 statsman1 is offline
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    Good judgement. This needs to be tested in the ECJ as soon as possible.
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  5. #5
    Dame_Enda Dame_Enda is online now
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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.
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  6. #6
    ger12 ger12 is offline
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    This is politics.

    Not law.

    When was this judge appointed?
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  7. #7
    ger12 ger12 is offline
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    Quote Originally Posted by statsman1 View Post
    Good judgement. This needs to be tested in the ECJ as soon as possible.
    It's a political statement FFS.
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  8. #8
    Dame_Enda Dame_Enda is online now
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    Quote Originally Posted by ger12 View Post
    This is politics.

    Not law.

    When was this judge appointed?
    Former member of ICCL. Appointed in 2015 I think.
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  9. #9
    ger12 ger12 is offline
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    Quote Originally Posted by Deadlock View Post
    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.

    Absolutely.

    But the ruling wasn't about the law. It's about politics.
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  10. #10
    statsman1 statsman1 is offline
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    Quote Originally Posted by ger12 View Post
    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.
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