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Polish Judges Intimidated as Judicial Clash With EU Rages

Polish Judges Intimidated as Judicial Clash With EU Rages

(Bloomberg) -- As the European Union’s top court deliberates whether Poland has politicized the justice system and threatened the rule of law, the country’s judges say they’re facing harassment unseen since the collapse of communism.

From a billboard hate campaign and ruling-party politicians calling judges thieves to barring promotions or transfers for those who speak up against the new order, the government has tightened its grip. It created a new panel with judiciary oversight and launched disciplinary proceedings against dozens of justices who criticized the increased influence of politicians over courts.

Poland’s government has argued that the EU has no jurisdiction to police member states over how they set up their judiciary. The bloc’s executive believes that court reforms by the ruling Law & Justice party have eroded democratic values.

The EU Court of Justice held a hearing in Luxembourg on Tuesday on whether the country’s revamped judicial council, a body responsible for promoting judges known by its Polish acronym KRS -- can still guarantee the system’s independence from politicians.

Judging Judges

Judges are facing censure from newly established disciplinary bodies. One case involves Justice Monika Frackowiak, whose troubles began after she took part in a debate about the justice system at a rock festival last August.

“I’m not the target -- all judges are,” Frackowiak told Bloomberg. "Anyone who rules outside the expectations of those in power can expect that a vast stretch of their work will come under scrutiny. It’s a signal that it’s better to stay silent.”

The disciplinary watchdog launched a probe into Frackowiak’s appearance at the festival, which may have “compromised judicial dignity,” even though the judge said she didn’t criticize the government. This probe was eventually dropped, but she now faces an audit of almost four years of her work and stands accused of breaching “judicial values” by working too slowly.

Such actions -- orchestrated by disciplinary judges appointed by Justice Minister Zbigniew Ziobro -- are aimed at intimidation and compromising justice system officials, a coalition of 12 democracy and judicial watchdogs said in a report last month.

"Disciplinary proceedings are normal, but they should be independent from the justice minister," said Marcin Matczak, a professor at Warsaw University and a member of the coalition. "If not, risk emerges that disciplinary sanctions will be aimed at those judges that issued a ruling that the government didn’t like."

Sense of Justice

The advocate general of the EU court will issue a non-binding opinion on the case on May 23, shortly before European Parliament elections, which may influence a ballot that’s been framed as a confrontation between a government that has displayed hostility to the bloc and a pro-European opposition. An ECJ injunction against a Supreme Court revamp was a factor in October local elections.

“We’re being subjected to blackmail again, as an opinion will be submitted three days before the vote,” Deputy Prime Minister Beata Szydlo told reporters on Wednesday.

A binding ruling, expected before the end of the year, could have consequences for the judges the KRS promoted, including to the new disciplinary chamber. Six months ago, the European network of judiciary councils suspended its Polish chapter, deeming it no longer fulfilled a requirement of independence from the executive and legislature.

Law & Justice said courts need to be revamped to give people a sense of justice and root out what it calls a cadre of judges that think they’re above the law. In December, the EU court ordered Poland to suspend a law that would have forced out two-fifths of the nation’s Supreme Court justices by lowering the retirement age. Anticipating the ruling, the government backed off and amended the contested law.

“The Supreme Court order doesn’t change the situation in ordinary courts,” said Waldemar Zurek, a judge in Krakow who’s facing disciplinary procedures. “Judges are under pressure, tempted on one hand by the prospect of promotion and fear on the other -- if they don’t issue verdicts in line with the government’s wishes. It’s like it was during communism.”

--With assistance from Maciej Martewicz.

To contact the reporters on this story: Marek Strzelecki in Warsaw at mstrzelecki1@bloomberg.net;Stephanie Bodoni in Luxembourg at sbodoni@bloomberg.net

To contact the editors responsible for this story: Andrea Dudik at adudik@bloomberg.net, Michael Winfrey

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