Sunday, August 16, 2020

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Syed Ahmed Uzair

Article Title

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Global Views 360

Publication Date

August 16, 2020

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Andrzej Duda, the President of Poland

Andrzej Duda, the President of Poland | Source: Wojciech Grabowski via Wikimedia

On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.

Supreme court President Malgorzata Gersdorf | Source: Adrian Grycuk via Wikimedia

Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.

In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.

The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.

people rallying on road near buildings
Protests against Poland’s judicial reform | Source: Külli Kittus via Unsplash

The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.

In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”

Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it  judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.

EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash

Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.

On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.

A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.

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February 4, 2021 5:15 PM

Kamala Harris: A Look At Joe Biden’s Running Mate

On August 11, Democratic Party’s nominee for the US Presidential election. Joe Biden chose Kamala Harris as his running mate for vice president. Her selection preceded a lot of noises from within democratic party’s grass-root workers and progressive leaders to choose a woman of colour for the VP position. This was taken as a show of support for the progressive causes  for which Joe Biden nd Democratic Party stand with full force.

Here’s a look at the life and policies of Kamala Harris, who could be the first woman to occupy the position of Vice President of the USA.

Kamala Harris (L) with her mother—Shyamala Gopalan (C) and Sister—Maya Harris (L) | Source: IndiaAbroad

Kamala Harris was born to immigrant parents who came to the USA as students in the 1960s and stayed on to fulfil their dreams. Her Father came from Jamaica in 1961 to pursue economics from UC Berkeley, while her mother came from India in 1958 to pursue research in endocrinology and breast cancer, also from UC Berkeley. They met and married during the social protest movement in the 1960s but got separated while Kamala was only seven years old. Her mother never remarried and took great care of Kamala and her sister Maya.

Kamala’s mother belonged to one of the highest social classes, the Tamil Brahmin but raised both of her daughters as Black American. She kept her contact with the family back in Chennai (earlier known as Madras), India, which continued with Kamala as well.

Kamala spent much of her childhood in Montreal, Quebec, Canada after her parents divorce. After graduating high school she attended Howard University, a historically Black college in Washington, D.C. She is also a member of Alpha Kappa Alpha, a well-known Black sorority. She married Douglas Emhoff, an attorney, in 2014. Her sister is currently a lawyer, an MSNBC political analyst, and has worked with Clinton’s 2016 presidential campaign.

She was the district attorney general of San Francisco and attorney general of California, and was the first Black woman to hold those positions. She went into the profession apparently because she wanted to change the law enforcement system from the inside. Over the years she has repeatedly referred to herself as a “top cop,” though she also prefers “progressive prosecutor.” She became a member of the Senate and has been running for President since 2016.

Her stance on several policies has changed over the years. During her prosecutor years she occupied a classic centrist stance: she supported some reforms to the criminal justice system, which was unique in an era of “tough on crime” policies (that often had racist undertones), but at the same time she tried to keep favour with police officers and unions— perhaps due to her nature as a prosecutor, and was often silent on bills which might have be seen as too polarised towards one end of the spectrum.

Her more well-acclaimed decisions came in the form of programs such as anti-bias training, Open Justice and Back on Track. Open Justice is an online portal that makes various criminal justice data, such as deaths and injuries in police custody, available to the public. Back on Track was about a year long program aimed at young and first-time low-level offenders, offering to waive jail time if they went to school, got a job, and other such goals.

It might be worth noting that a lot of Harris’ actions focus on what can be done after an arrest is made and before incarceration, which inherently means that reducing police brutality and reforming prisons have not yet been great strengths of hers. Since the beginning of the Black Lives Matter movement, civil rights activists have looked up to Harris, a Black woman in a position of power, to lead the change in terms of legislature, but have come out with mixed results. Most of them feel that Harris strives for some reform but never gets too bold, and essentially ends up upholding the status quo.

For instance, around 2015, she made body-worn cameras mandatory for all of the small percentage of special agents employed by the attorney general, but did not support a bill to make them mandatory for all police officers in California, stating that she opposed a “one-size-fits-all approach.” Some of her other decisions while she was a prosecutor have been questioned in recent debates, such as her anti-truancy law, and the evolution of her opinion on marijuana.

Harris has spoken out in support of Kashmiris under Indian occupation after the revocation of article 370. Biden has been critical of the Citizenship Amendment Act. However, she has also described the India-US relationship as “unbreakable”, and even tweeted a welcome message for Indian Prime Minister Narendra Modi on his visit to India in June 2017.

Biden’s choice of Harris as his running mate for vice president is considered by her supporters as symbolic and historic due to her identity as a Black Asian-American and the representation she brings to a powerful stage. Her critics however, have been skeptical due to her career as someone who worked very closely with law enforcement.

Harris, like any other politician, has a checkered past which deserves scrutiny. Those who are rooting for or against her deserve to know about the different aspects of her political, social and other policy positions which helped evolve into the politician she is today and the direction in which she is expected to move in the future. This will be essential for her to appeal to a wider population and add to the votes for Joe Biden in the November 2020 Presidential poll.

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