Newshound for 25 July 2022

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The European Court of Human Rights has given notice to the Government of Poland of 37 applications and requested that they submit their observations. The majority of the cases concern judicial decisions rendered by various chambers of the Supreme Court in civil or criminal cases, or regarding a disciplinary case involving a lawyer, or decisions by the National Council of the Judiciary (NCJ). It is alleged that the judicial formations dealing with the applicants’ cases were not ‘independent and impartial tribunals established by law’ since they included judges who had been appointed by the new NCJ. Read more.

Source: European Court of Human Rights

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During an apocalyptic speech, Hungarian Prime Minister Viktor Orbán sparks outrage with attack on ‘race mixing’ in Europe affirming that countries where races mingle are ‘no longer nations’. Orbán’s battle with European institutions seems likely to intensify further after this affirmations. The EU has frozen several billion euros of recovery funds earmarked for Hungary over corruption and rule-of-law concerns and Orbán’s harsh speech may be a sign that the Hungarian government has given up on receiving the funds. Read more.

Source: The Guardian

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Commentary

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Jakub Jaraczewski, research coordinator at Democracy Reporting International, has examinated the highlights of the 37 cases concerning the rule of law in Poland notified by the European Court of Human Rights. Applications include civil and criminal cases examined by new judges of the old chamber of the Supreme Court, activist judges standing before the Disciplinary Chamber of the Supreme Court and prosecutors standing before the same Chamber. Read his thread

Source: Jakub Jaraczewski

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Waldemar Żurek v. Poland judgment of the European Court of Human Rights should be regarded a real milestone in relations with European institutions. On 16 June 2022 the Strasbourg Court found that depriving Judge Żurek of his membership of the National Council of the Judiciary before the end of his term of office violated his right to a court, as he could not appeal the decision. The Court also found that Waldemar Żurek’s freedom of expression had been violated. Although this is yet another ruling of the Strasbourg Court on the rule of law in Poland, it is of absolutely exceptional importance. Read more.

Source: Kees Sterk

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Associate Professor of Law Kati Cseres informs that the editorial ‘Conditionality and the Rule of Law’ is online. In this Editorial, the mechanism of the Conditionality Regulation as well as its possible application in Poland and Hungary is discussed. Read it here

Source: Kati Cseres

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Viktor Orbán’s shocking speech outraged Europe. Yet it is not the first time that the Hungarian prime minister abandons himself to unacceptable declarations. Political Analyst András Tóth-Czifra has highlighted various of Orbán’s statements that are certainly far from the values of the European Union. Read his thread.

Source: András Tóth-Czifra

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