The judiciary have taken the highly unusual step of making public their concerns about colleagues in another jurisdiction.

The Judges’ Council of England and Wales said it was ‘concerned’ about growing tensions between the judiciary and government in Poland. In particular the council said it was worried about the impact on judicial independence.

rule of law poland

It is reported that draft legislation is being prepared in Poland to allow for the possible dismissal of all presidents and vice-presidents of common courts and subsequent appointment of new presidents by the executive.

The state may also set up disciplinary chambers consisting of people’s representatives in the Supreme Court and pave the way for the dismissal of judges in this court.

The England and Wales condemnation followed a similar public declaration from the Network of the Presidents of the Supreme Judicial Courts of the European Union.

This body said interference from the Polish authorities appeared to present a threat to the independence of the Supreme Court which would ‘not only have the effect of undermining the rule of law, but also mutual trust in the administration of justice’.

The board of the European Network of Councils for the Judiciary (ENCJ) said last month it has escalated concerns following a meeting with a group of representatives of the Polish judiciary.

In addition to justice reforms, the ENCJ said there are reports of regular attacks upon the judiciary in the media by the executive, and intimidation of individual judges.

The board added: ‘The ENCJ has been following the situation in Poland closely and has on several occasions called upon the executive to respect the independence of the judiciary, and to undertake reforms to the justice system only after meaningful consultation with the Council for the Judiciary and the judges themselves.’

It is reported that the Polish ruling Law and Justice party says it wants to ‘democratise’ the way judges are appointed and take that role away from an autonomous body whose judicial members are chosen by their peers.

If the government pushes through with its plans, the terms of all judicial members of this body would be terminated within 90 days of the draft law enactment, and their replacements selected by parliament.