SURVEY ON JUDICIAL INDEPENDENCE

(October 28,2018)

The editorial staff of „Rzeczpospolita” daily[1] organized a survey on judicial independence. The questionnaire was addressed to judges of ordinary courts. 1122 judges answered the questions (which constitutes more than 11% of the total number of Polish judges) until the results of the survey were elaborated. Further statements are expected due to the fact that some presidents of the courts refused to forward the survey to judges.

Information is based on publications of „Rzeczpospolita”: „Niezawisłość sędziów jest zagrożona, a sądom grozi upolitycznienie – ankieta „Rzeczpospolitej” (October 25, 2018)[2] and „Jak powstawała ankieta „Rzeczpospolitej” (October 24, 2018)[3].

The questions and the answers were as follows:

1. In your opinion, does the conflict over the Supreme Court and the National Council of the Judiciary influence the judicial activity of common court judges?

Yes – 84,95 %, No – 11,20%, I have no opinion – 3.85 %

2. Do you feel that in your court the atmosphere among judges changes, which influences the way cases and judgments are handled ?

Yes – 64,37 %, No 30,08 %, I have no opinion – 5.55 % 

3. Are media publications and decisions of disciplinary authorities against judges and prosecutors related to their public activity commented on in your community?

Yes – 96.79%, No – 2,94 %, I have no opinion – 0,27%

4.Can disciplinary investigations against judges active in the public debate on changes in the judiciary have a chilling effect on the judiciary?

Yes – 93,20 %, No – 3,40 %, I have no opinion – 3,40 %

5. Did the appointment and composition of the Supreme Court Disciplinary Chamber raise concerns in your community?

Yes – 94, 54 %, No – 3,22% , I have no opinion – 2,24 %

6. Have the above issues affected your perception of the possibilities to practice your profession and your understanding of the principles of judicial independence?

Yes – 76,10 %, No – 21,20 %, I have no opinion – 2,70 %

7. Have you heard that judges or prosecutors consider the above issues in terms of their ability to practice their profession and their understanding of the principles of judicial independence and independence?

Yes – 85,87 %, No – 10,73 %, I have no opinion – 3,40 %

8. Is judicial independence currently under threat?

Yes – 93,21 %, No – 3.75 %, I have no opinion – 3.04 %

9. Can the solutions introduced by political authorities have an impact on the independence of the judiciary?

Yes – 95,53 %, No – 2,68 %, I have no opinion – 1,79

10. Is there a threat of politicization of courts today?

Yes – 95,34 %, No – 2,78 %, I have no opinion – 1,88 %

11. Have you heard about cases of pressure on judges in cases where there was a political context?

Yes – 47,05 %, No – 46,69%, I have no opinion – 6,26 %

[1] Renown conservative daily newspaper, founded in 1920, concentrated on economical and legal issues, the most popular newspaper of this profile in Poland.

[2] https://www.rp.pl%2FSedziowie-i-sady%2F310249921-Niezawislosc-sedziow-jest-zagrozona-a-sadom-grozi-upolitycznienie—ankieta-Rzeczpospolitej.html&usg=AOvVaw1Tp9_RCRTaZpuFrLjre5AN.

[3] http://www.rp.pl%2FSedziowie-i-sady%2F310249952-Jak-powstawala-ankieta-Rzeczpospolitej.html&usg=AOvVaw2pcKlDpMOB01iRPGk6j2F1.