Courts / Ireland / Report

Rule of law in Poland has been "systematically damaged" and democracy "has been breached", judge finds

Summary

In a 2018 extradition case involving Artur Celmer, a judge in Ireland referred the matter to the European Court of Justice, arguing that recent Polish legislative changes have severely undermined the rule of law and democracy. The judge cited the "Reasoned Proposal" issued by the European Commission, which highlighted the dismantling of judicial independence and the merging of the Minister for Justice with the Public Prosecutor General, creating excessive power concentration. The judge warned that surrendering Celmer to Poland would expose him to a judicial system where the Minister for Justice could influence court presidents, potentially chilling judicial administration. Counsel for Celmer described the situation as unprecedented, claiming the reforms threaten the European Arrest Warrant process and mutual trust between EU member states. The case was presented as a lead test for extraditions to Poland, with the judge seeking a ruling on the cumulative impact of the reforms on the rule of law.

Who, what, where, when and why

What: Report matter: Rule of law in Poland has been "systematically damaged" and democracy "has been breached", judge finds. Procedural stage: hearing_or_decision

When:

• 2018-03-12 Publication

Why: Citing the Reasoned Proposal, she said the "constitutionality of Polish laws can no longer be effectively guaranteed" because the independence of the judiciary and legitimacy of the Constitutional Tribunal or constitutional court were "seriously undermined". CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report