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 4:44 PM

World's largest graveyard of Dinosaurs found in South Africa

In a village in the eastern cape of South Africa lies one of the most significant dinosaur sites ever found in the world. The site was discovered when a shepherd, Dumangwe Thyobeka found a large bone on his way to his great-grandparents’ graves, in 2015. He then took the bones to a local dinosaur enthusiast, James Rhalene. Commenting on this discovery " Mr. Rhalene said, "Growing up we were told dinosaurs were a myth, I thought they were only tales our grandparents would tell around the fire at story time", and It wasn't until reading some books that I started to believe they may be real. I've been looking into the existence of dinosaurs since 1982. He added, "You can imagine my excitement at being part of this and discovering them in my own backyard. I am so proud. Books will be written about our small village; the world will come to know of us through this discovery.”

These bones are more than 200 million years old, of around the end of the Triassic era and the beginning of the Jurassic one. When the village elder, Sginyane Ralane came to know about the discovery, he reached out to universities in South Africa for looking into it. The news eventually reached Prof. Jonah Choiniere from the University of Witwatersrand in Johannesburg, and in 2018 Jonah and his colleagues started excavating the site. “It has been one of those places where you sometimes find yourself literally tripping over a dinosaur bone. There are very few other sites I've had the chance to work where we have this richness of fossils.” says Prof Paul Barett, a dinosaur expert at The Natural History Museum, UK, after he joined the team.

A reason why this area is abundant in fossils, Natural History Museum explains, is because of the ancient river systems in the area. The area is arid for most of the year now, and the rivers flow only seasonally. However, in the ancient times, there were vast river systems flowing year-round in the region, with wide, shallow rivers which would consequently form a layer of rock 210 million years old which is up to 500 meters thick in some regions. These rivers supported diverse wildlife, including ancestors of crocodiles, possibly those of turtles and mammals and fish, amphibians and reptile-like animals. The existence of such large rivers meant that dead animals nearby would be buried in sediment before they decomposed.  

This discovery is scientifically important for a number of reasons; the era from which these bones are found is a boundary in which a mass extinction occurred. Prof. Jonah is trying to understand how the animals from before that extinction survived and how they flourished after. In the Triassic era, there were multiple dominating animals, like the crocodiles, big mammal-like animals and dinosaurs. In the Jurassic era, however, the dinosaurs are clearly dominating. Why this happened is unclear, and the rocks and fossils from this site might help with that. There were also other animals along with dinosaurs in this site which make it noteworthy. Of the animals found, there were rauisuchians, which relate to modern-day crocodiles, and were dominant on land during the Triassic. The team also found cyclodonts and dicyclodonts, where the cyclodonts are the early ancestors to all mammals, and dicyclodonts are an even earlier branch of the mammalian family tree.

All of these have a significant impact on the community too; the team signed a memorandum of understanding with the local government with huge. After the signing, local officials visited the site at Qhemega. The team has been trying to use the heavy machinery they had brought for moving fossils for improving access in and to the village. They are also developing a curriculum in high schools to include topics about fossil sites and to add geography to the curriculum, to train the younger generation about the mapping used in excavation and in many other scientific fields especially relevant in the mineral-resource rich South Africa.

So far, this site has only provided benefits for everyone involved; new discoveries and confirming data for the scientific community, and economic access, increased opportunities and a matter for pride for the local community.

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