At the end of July 2020 the International Chamber of Amsterdam’s District Court has stated that the current Polish judiciary should not be considered to be independent of the government and parliament. Two months earlier a Polish civil society organisation demanded sacking the judges of the Polish supreme court because of their illegal and undemocratic appointments to the court’s posts.
The Dutch court in Amsterdam decided to refer the question of the Polish judiciary to the Court of Justice of the EU to get a preliminary ruling for deciding about the further execution of the European Arrest Warrant received from Poland in a criminal drug case.1
The Dutch court’s decision is a formal confirmation that the judiciary building process in Poland had failed. Unfortunately the failure has been noted only at its termination phase in criminal proceedings although its symptoms had been notified to international institutions of the EU and of the Council of Europe by Polish civil society activist for many years to the point where the whole judiciary in Poland should be scrapped.
A civil society organisation in Poland, Fundacja Wolne Spoleczenstwo (FWS, Free Society Foundation), demanded on 2020-05-27 the dismissal of those justices of the Polish supreme court who were not appointed to their posts in the court through nominations by the National Council of Judiciary acting with the fifteen members of the Council democratically chosen by the people (nation) as the Polish constitution prescribes.2
The organisation stated that a great number of judges in Poland knew very well that they obtained their posts illegally. Since 2020-07-30 the FWS prepares the court proceedings for the removal of a lower court’s judge from his office where he may cooperate with political parties to obstruct justice in a case of parliamentary supported stealing by a private business of public money for fictional medical services feigned with the use of medical files stolen from a closed state owned medical entity.3
Dutch court doubts legitimacy of Polish legal system, seeks EU advice, nationalpost.com, 2020-07-31; Dutch court: Polish judiciary no longer independent, www.politico.eu, 2020-07-31. ↩
Sąd Rejonowy Poznań – Stare Miasto w Poznaniu, ref.: I C 986/17 (I Cz 1/20). ↩