ENCJ President speaks in the European Parliament PDF Print E-mail

On 22 June 2017 the President of the ENCJ was invited to address the LIBE meeting with the national parliaments of the Member States on the EU Mechanism on Democracy, Rule of Law and Fundamental Rights. In her speech she reflected on the role of the national parliaments in safeguarding the independence of the judiciary. To watch the addres click here (from 1:56 Nuria Díaz Abad is gving her address). 

nda_libe_june_2017

 
ENCJ adopts Paris Declaration on resilient justice PDF Print E-mail

The ENCJ gathered from 7th to 9th June in the Cour de Cassation in Paris for its General Assembly. The central theme of resilient justice was discussed and the Paris declaration was adopted. In it the ENCJ calls upon the European Institutions and Member States to guarantee judicial independence in accordance with the Rule of Law, and, furthermore, calls upon Councils for the Judiciary and Judges at all times to be resilient in the face of the challenges which face them.

The ENCJ report on Independence, Accountability and Quality of the Judiciary was also adopted and contains the outcomes of the 2016/2017 survey among judges on their independence.

 
General Assembly elects new Board members PDF Print E-mail

On the 7th of June 2017 the ENCJ Members gathered in Paris to elect  3 new Board members. 

The Državnosudbeno vijeće / State Judicial Council of Croatia, the Portuguese Conselho Superior da Magistratura and the Judges' Council of England and Wales were elected into the Board for two years.

The French, Irish and Italian Councils for the Judiciary ended their mandate as Board member.

 
ENCJ President addresses the congress of Polish Lawyers in Katowice PDF Print E-mail
On 20 May 2017 over a 1000 lawyers and judges gathered in Katowice in Poland for a congress to discuss the reform of the judiciary and the state of the rule of law in Poland. The congress was organised by the Association of Polish Judges "Iustitia", the Supreme Bar Council and the National Council of Legal Advisers. The President of the ENCJ Ms Nuria Diaz Abad addressed the audience and explained ENCJ's position in relation to the planned judicial reform in Poland. 
 
Statement of the ENCJ Executive Board concerning judicial reforms in Poland PDF Print E-mail
The ENCJ has been following the situation in Poland closely and has on several occasions called upon the executive to respect the independence of the judiciary, and to undertake reforms to the justice system only after meaningful consultation with the Council for the Judiciary and the judges themselves .
In an opinion drafted at the request of  the National Judicial Council of Poland (Krajowa Rada Sądownictwa – KRS) in relation to draft-legislation that would affect both the composition and functioning of the KRS, the Board of the ENCJ concluded that the draft laws could harm the independence of the judiciary in Poland and that ENCJ standards were not met in several fields . It also stated that these standards are not developed to serve the interests of the judiciary. The standards simply reflect the shared principles and values of the EU Member States which guarantee a proper functioning of a democratic system based on the Rule of Law.
An ENCJ delegation recently met a group of representatives of the Polish judiciary and was informed about the ongoing reform of the judiciary by the governing party. Draft legislation currently being considered by the government includes the possible dismissal of all presidents and vice-presidents of common courts and subsequent appointment of new presidents by the executive; the setting up of disciplinary chambers consisting of peoples’ representatives in the Supreme Court and the dismissal of the Presidents and a substantial number of judges of the Supreme Court. In addition, there are reports of regular attacks upon the judiciary in the media by the executive and intimidation of individual judges.
The Board of the ENCJ is gravely concerned by the developments, which are taking place in Poland. The Board wishes to point out that a key requirement for maintaining and enhancing mutual trust between judicial authorities in the EU, as a basis for mutual recognition, is the independence, quality and efficiency of the judicial systems and respect for the rule of law.
The Board of the ENCJ reiterates that the Rule of Law is at the core of the European Union. Respect for the Rule of Law is a prerequisite for the protection of all fundamental values listed in the Treaties, including democracy and fundamental rights. To uphold and protect the Rule of Law is a responsibility for both the judiciary and other state powers. For the effective preservation of the Rule of Law, independent and accountable justice systems are needed. The Board emphasizes that fair and impartial courts are the key institutions of an independent judiciary.
Done in Brussels
26th April 2017

The ENCJ has been following the situation in Poland closely and has on several occasions called upon the executive to respect the independence of the judiciary, and to undertake reforms to the justice system only after meaningful consultation with the Council for the Judiciary and the judges themselves (Warsaw Declaration 3 June 2016).

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ENCJ News
05/04/2016 > CCJE and the CCPE publish report on the challenges for judicial impartiality and independence in Council of Europe member States
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Report from the CCJE and the CCPE on the main challenges for judicial impartiality and independence in Council of Europe member States The Bureaus of the Consultative Council of European Judges (CCJE [ ... ]


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