Aktualne kierunki rozwoju władzy sądowniczej. Marsz Tysiąca Tóg rok później

Dear friends,

come walk with us and let’s stand side by side! That was the core message of the Polish invitation sent out to colleague judges in Europe on one of the last days of 2019. „Let’s walk together in silence in Warsaw from the Supreme Court to the building of the Sejm of the Republic of Poland dressed in robes that are a symbol of our service to the law and societies of Europe”.

Judges for Judges accepted the invitation but only after careful consideration, it is after all not everyday that one takes to the streets as a judge.

The then still pending so called Muzzle law was the direct reason for this silent march. Our Polish colleagues found and find themselves in an exceptional situation where their country and our fellow EU-member state is experiencing a systemic threat to the rule of law.

When it comes to freedom of expression of judges European and international standards do not only protect their right to speak up but also imply a duty to speak up to defend judicial independence.

So joining our Polish colleagues from Iustitia and Themis in this silent march was the right thing to do.

It was a very special Saturday in Warsaw. Walking as judges from all over Europe in solidarity together with our brave Polish colleagues was an incredibly impressive experience, one I will never forget:

People in the public waving with the Polish constitution, citizens making clear that they seek and expect impartial justice, people young and old with tears in their eyes thanking the participants in this march of 1000 robes.

But it also showed that European values of rule of law and judicial independence & impartiality are not just abstract words, the March and the reaction of the public made them for a moment almost tangible.

On my way to Poland I bought at the airport the well-known book Flights by Olga Tokarczuk. The original title is Bieguni, referring to the wanderers, members of a religious community who believed that remaining in constant motion could protect one from evil. How symbolic, the participants in the Silent march trying to protect society from further deterioration of the Rule of Law by walking.

Unfortunately, the muzzle law entered into force on ­Valentine’s day. But this law has nothing to do with pink clouds and sugar-coating. The law undermines the independence of Polish judges and broadens the notion of disciplinary offence and as a result, the disciplinary regime can be used as a system of political control of the content of judicial decisions.

And that is exactly what has been going on, we are one year further and hundreds of Polish judges are faced with legal harassment and have been subjected to disciplinary and/or criminal procedures. One can imagine the chilling effect these measures have on members of the judiciary. And that is a shame, because every citizen in the EU has the right to have his case tried by an independent and impartial judge.

Irreparable damage is being done.

Therefore as Ombudsman Adam Bodnar said “Time is of the essence”.

And indeed I hope the Commission will soon refer the infringement case regarding the Muzzle law to the European Court of Justice. But ultimately the question what it truly means to be an EU-member state and what that means in terms of rights and obligations, should be answered by the political community.

So yes, we came and walked the streets of Warsaw together in defense of judicial independence and of the Rule of law in Europe. We stood and will stand side by side and in the spirit of Tokarczuk’s wanderers: everyone needs to move and get going.