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 5:06 PM

How can Science Communication save the day

Pierre-Simon Laplace, an exemplary French Mathematician, once quoted: “It is India that gave us the ingenious method of expressing all numbers by means of ten symbols, each symbol receiving a value of position as well as an absolute value; a profound and important idea which appears so simple to us now that we ignore its true merit.

I intentionally aimed to start this article with a quote by an excellent western mathematician, because we Indians need validation from westerners. We are quite capable of making high strides in science, technology, and innovation, but there is a lack of vision; lack of confidence.

ISRO Launching a satellite: Source: ISRO

The newly Independent India of 1947 had a vision: a vision to transform into a developed country using scientific interventions. We had some great revolutionaries who worked tirelessly to shape a bright future for our country. Dr. Vikaram Sarabhai founded the Indian Space Research Organization (ISRO) while Dr. Homi J Bhabha, the Department of Atomic Energy (DAE). There was a time when Dr Sarabhai convinced a Church to give land for a rocket launch station.

When India became Independent in 1947, people just wanted to earn enough to survive in the rapidly changing, bitter conditions. Today, when we are one of the economies of the world, we are fighting over temples and mosques, trying to rename cities, and dream of resurrecting some thousands of years old notion of India, the quest for scientific temperament is lost somewhere along the way.

Over the years, India’s spending on Research and Development has increased significantly in overall value but its share in GDP has remained stagnant at 0.6-0.9%. The research being done in India is quite good if we compare it to the funding received. However if we compare it with the developed countries, the gap is phenomenal.

India’s space program, atomic energy program, development of supercomputers, or development of light combat aircraft- Tejas shows that Indian scientists have given great results at a fraction of the costs of their western counterparts. Still the allocation of funds for the scientific research is well short of what is required to catapult India into the league of developed nations.

If we deep dive into the probable causes of underfunding of Indian scientific research in spite of giving good return on investment, it boils down to the lack of awareness about the same among the larger public as well as policymakers. As we know that the best way to receive funding is to create awareness about a valuable product. We don’t lack products; we lack dialogue. Science is hardly ever reported in India. It’s rarely a point of discourse. When there is no discourse around something, it leads to a lack of interest. This is also driving away the bright students from pure sciences to the technology and management which is more remunerative.  

Another issue that sprouts up from lack of discourse is the lack of belief in science. We have seen how in India, many public figures started spreading home remedies and terrible unchecked solutions like the benefits of Cow Urine during the COVID outbreak. The news channels, instead of discussing facts, talked about conspiracy theories. These news channels sometimes invited scientists for talks, but eventually, ruined everyone’s time for their TRP by asking them about the conspiracy theories.

Science literacy can reduce these pseudoscience tactics. Indians extensively believe in spirituality which is good for personal motivation and values, however the unscrupulous elements have often used it to spread misinformation and personal gains. It's imperative that we take a stand to promote scientific thought, and this is not at all an arduous task. Instead, the solution is straightforward: We need to communicate.

We need our own Neil DeGrasse Tysons, Carl Zimmers, Carl Sagans who can communicate with the common people about scientific development, in a simple language. This will help us to kick start our journey towards the Golden Era of Science without a baggage of baseless beliefs, pseudoscience, and untested products.

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