Position of the associations of judges on the referral of the provisions of the Treaty on the Functioning of the EU to the Constitutional Tribunal and the start of the actual POLEXIT of 18 October 2018

We, the judges of the Republic of Poland, declare that we shall remain EU judges until Poland’s official exit from the European Union. The recent actions of the Minister of Justice, who is simultaneously the leader of one of the political parties, are leading to the non-recognition of Polish judgments in Europe and, consequently, to Poland embarking on the POLEXIT route.  Yesterday’s decision referring some of the provisions of the Treaty on the Functioning of the European Union to the Constitutional Tribunal for consideration is an obvious example.

 

We declare that, despite the actions of the politicians, the judges will continue to adjudicate in accordance with the applicable legal order, including directly applying the Constitution and international agreements that are binding on Poland. We warn the politicians about any further acts leading to the collapse of the legal system in Poland, as well as the enormous economic and social losses after embarking on the POLEXIT path.  The EU–UK summit, which is being held today, should be a warning to those who want to go down this path.  Every decision of politicians in this respect will affect all citizens.

 

We, the Polish judges, will protect their rights to the end, despite the scandalous statements voiced about us today by the Minister of Justice. If the new standard of public debate is to boil down to the people, who interpret the law and the rule of law in a different manner to the politicians, being referred to as a sect and caste, then we express our extreme concern about the further development of the situation in Poland.  We are simultaneously concerned that the increasingly politicized justice system will be able to offer effective protection of civic rights and freedoms.

 

 

 

The Management Boards of:  
The Association of Polish Judges, “IUSTITIA” The Association of Judges, “Themis”
The Association of Family Judges in Poland The Association of Family Judges, Pro Familia