Sunday, August 16, 2020

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

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Syed Ahmed Uzair

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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 5:16 PM

Catalonian Secessionist Movement in Spain: The Genesis and Present Status

Catalonia with its capital in Barcelona, is one of the wealthiest and historically significant regions of Spain. The region is home to around 7.5 million people and has its own official language, parliament, flag, and anthem.

The region was granted considerable autonomy by the 1978 constitution of Spain. The legislature of the autonomous Catalan region passed Statute of Autonomy which was approved by the national parliament and ratified by the Catalan electorates in a referendum in 2006.

What’s the latest buzz surrounding the region?

Pro-referendum rally in Montjuic, Barcelona | Source: Amadalvarez via Wikimedia

On 1st October, 2017, a referendum was organized in Catalonia for independence despite opposition from the central government of Spain. Owing to the resistance from Madrid, the voter turnout was just a lowly 43%. However, the Yes option won by a massive 90% margin.

Under a tense environment, the separatist majority in the Catalan parliament announced independence on 27th October, 2017. However, Madrid reacted strongly to the move by dissolving the Catalan parliament under Article 155 emergency powers and initiated a violent crackdown on the protesters and separatist leaders in the region. Nearly three years since the referendum, Catalan leaders remain in jail or in exile. The entire crisis has been termed as Spain’s biggest political-crisis since 1975, when democracy was restored post General Franco, the military dictator’s death.

Catalonia- A brief history

Supporters of General Franco | Source: Wikimedia

Catalonia as a region enjoyed a high level of autonomy before General Francisco Franco led Nationalist forces overthrew the Spanish democratic republic in 1936. Overthrow of Spanish democratic republic resulted in a three year long Spanish Civil War which raged from 1936 to 1939. In 1938 when the country was going through a phase of overhyped nationalist sentiments during the civil war, General Franco abolished the region's autonomy. General Franco ruled Spain as a dictator from 1936 till he died in 1975. After his death, Spanish democracy and Catalonian autonomy were restored once again.

There were calls for independence of Catalonia from fringe elements from time to time, but it was not supported by the mainstream political or social organisations. However this changed when Spain’s Constitutional Court issued a landmark ruling In 2010 and declared some of the articles of the 2006 Statute of Autonomy as unconstitutional.

There were massive protests in Catalonia against the Supreme court ruling, specially against the provision which place the distinctive Catalan language above Spanish in the region and ruling that “The interpretation of the references to ‘Catalonia as a nation’ and to ‘the national reality of Catalonia’ in the preamble of the Statute of Autonomy of Catalonia have no legal effect.”

Why do Catalans insist on independence?

Concert for Catalonian Independence | Source: Núria via Flickr

A lot of Catalans believe that Catalonia has a moral, cultural and political right for self-existence and that it has long put Spain’s best economic interests in priority despite not getting enough in return. Many Catalans are also unhappy with the decision of Spanish SC to declare the 2006 Statute of Autonomy as unconstitutional. They argue that it would have given Catalonia greater independence and by annulling it Spain is interfering with the internal affairs of Catalonia.

A timeline of Catalonia’s modern independence movement

Carles Puigdemont, the regional President of Catalonia | Source: Wikimedia

On September 11, 2012, thousands of protesters gathered in Barcelona to show support for the independence movement. Later in November, signaling a major shift in the politics of the region, the majority of the seats were won by pro-independence parties in the Catalan regional parliament.

On November 9, 2014, Catalan authorities held a mock vote for an independence referendum despite a prohibition order from Madrid. The then regional president Artur Mas, along with three other Catalan cabinet members were later fined for disobedience and misuse of public funds.

On June 9, 2017, Carles Puigdemont, the then regional president of Catalonia announced plans for a ‘binding’ independence referendum. Madrid declared the referendum as illegal and Spanish Prime Minister Mariano Rajoy vowed to stop the vote.

On October 1, 2017, the referendum was organized under a tense atmosphere which saw a lowly 43% voter turnout. Reportedly the Civil Guard and National Police forces raided a few polling stations and clashed with the voters even as the Catalan Police mostly stood down. Puigdemont claimed a landslide win for secession in the referendum.

On October 27, 2017, the Catalan parliament declared Catalonia as an independent republic even as no foreign nation recognized the declaration. Spain PM Rajoy immediately invoked constitutional powers to take over Catalonia and fired Puigdemont and his cabinet members.

On October 31, 2017, Puigdemont and a few of his deposed cabinet members fled from Catalonia to Belgium. Puigdemont successfully fought against his extradition to Spain and established his residence in Waterloo.

Aftermath of a failed independence attempt

Ever since Puigdemont fled to Belgium, Spain took control over the region and has sent all the major accomplices of Puigdemont and pro-independence leaders to jail. Most of them have been served with lengthy jail terms for being a part of the controversial independence referendum of October 2017.

Although direct rule was lifted after the formation of the new Catalan government in June 2018, the single biggest winning party was the center-right, pro-unionist Citizens party, which took 37 seats. Three pro-independence parties also secured around 70 seats combined in the 135-seat regional parliament election. Protests for independence have mostly faded away in the region.

What happens next?

The current Catalan regional president, Quim Torra has called for the Catalans to greet guilty verdicts with a ‘huge show of nonviolent civil disobedience’. Spain’s Prime Minister, Pedro Sanchez has been much less brutal compared to his predecessor Rajoy. However, he has maintained that any negotiations will have to be adhered to by the constitution while ruling out the possibility of a referendum.

The political tussle between Puigdemont and his allies who favor pressurizing Madrid with provocative moves, and the Catalan Republic Left which has sought to employ a less confrontational and more practical approach has made the situation quite volatile. However this apparent disunity among the political leadership of Catalonia has resulted in a gradual reduction of public support for the independence movement of Catalonia.

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