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 5:00 PM

Stonewall Riots: A Pillar In The Movement For American LGBTQIA+ Rights

The Stonewall Riots are globally remembered as the cornerstone of Pride Month, and rightfully so. Fifty-one years ago, a routine police raid on Stonewall Inn, a gay bar in New York turned into an upheaval against homophobic society, laws, and policing.

In the early hours of June 28, 1969, a police raid— often conducted on secret or private bars that exclusively served LGBTQIA+ patrons— turned its head on the New York Police Department.

The Stonewall riot in 1969 | Source: David via Flickr

Some accounts say that the pivotal moment came when few of the lesbians who were brutally shoved into a police wagon showed resistance. In response, the crowd lit up in anger and resistance. Instead of running away to save themselves, the patrons fought back, even leading to the police barricading themselves within the bar itself as they waited for backup.

The Stonewall riot in 1969 | Source: David via Flickr

News of the clash spread and more people gathered, throwing anything they could find: nickels, garbage cans, broken bottles, and yes, bricks too, though ‘the first brick’ may have been more myth than real. Eventually, it took the fire department and a riot squad to quell the riots on the first night.

Defiant, Stonewall reopened the next evening, and the confrontation between police and community members continued for the rest of the week, drawing hundreds and upto thousands of community members. A total of twenty one protestors were arrested over the week, with the majority being arrested on the first night itself.

It’s hard to pinpoint what exactly led to the Stonewall riots, or the status that it earned in present-day Pride and LGTBQ+ liberation movements. The movement for LGTBQ+ rights existed before Stonewall (if relatively subdued relative to what came after), and so did the concept of ‘Pride,’ in the form of ‘Personal Rights in Defense and Education’ (PRIDE) that went on to become the Advocate magazine.

Stonewall wasn’t even the first time the community clashed with the police. It has been postulated that the act of naming, “the first to be called the first,” and the decision of organizers to commemorate its anniversary in the form of ‘Christopher Street Liberation Day’ contributed largely to Stonewall becoming a permanent and popular fixture in LGBTQIA+ history and collective memory.  

Regardless of the contributing factors, the cultural impact of Stonewall on American and Western LGBTQIA+ communities was immediate and intense. It became the epicentre of a louder, more radical movement. The community had tried it the ‘respectable’ way through organisations such as Mattachine, but it didn’t get them anywhere.

The number of LGTBQ+ focused organisations and magazines soared after Stonewall, going from around two dozen to four hundred. These included radical organisations such as the Gay Liberation Front and Radicalesbians.

The year after Stonewall, Sylvia Rivera and Marsha P. Johnson, who were present at the riots and are considered transgender icons, created the Street Transvestite Action Revolutionaries (STAR), which focused on struggles of drag queens and trans and gender-non-conforming youth who often lived on the streets.

Stonewall Inn as it existed no longer stands, but the new Stonewall Inn in the same street and the park across it have been recently declared as a historic national monument.

The old Stonewall was not a luxurious bar in terms of drinks or furnishings. It was not a place frequented by upper or middle class, white, cisgender gay men. Being a dance bar whose patrons included working class or homeless LGBTQIA+ people and drag queens, it was often looked down upon. All of that changed in one week, and the spirit that shone in Stonewall that night continues to resonate and be celebrated in the hearts of all LGBTQIA+ people.

In light of the ongoing Black Lives Matter protests and the rioting that happened alongside, many LGBTQIA+ people on social media have responded to criticism by reminding people of Stonewall, and how the “first Pride” was a riot led by Black and Latin transgender women, gender non-conforming youth, and other LGBTQIA+ people of colour, the very people whose history and resistance has often been white-washed, diminished, or erased altogether.

As said by Martin Luther King Jr., “A riot is the language of the unheard.”

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