In recent years the Executive Board of the ENCJ had expressed repeatedly its serious concerns about developments regarding the independence of the judiciary in Poland. The Executive Board refers to its statements of 30 January 2017, 17 July 2017, 13 October 2017, 5 December 2017, and 17 September 2018. No steps were taken to allay the concerns expressed or to redress the problem identified.
The data of the ENCJ survey among judges are now available in a separate report. The survey was held in early 2019 in 25 countries and 11.335 judges participated. The replies are grouped per country.Judges generally evaluate their independence positively. On a 10-point scale judges rate the independence of the judges in their country on average between 6.5 and 9.8.
In a letter dated 20 September 2019, the Presidents of the European Network of Councils for the Judiciary, the Network of Presidents of the Supreme Courts of the EU and the European Judges Association expressed their concern over developments in several EU Member States regarding the independence of the judiciary. The Presidents call for an urgent meeting with Mrs von der Leyen.
In a letter dated 8 August the ENCJ Board called upon the Polish Parliament, the Sejm, to make the support lists of the judicial members of the KRS publis as has been ordered by the Supreme Administrative Court of Poland in a recent judgement.
The ENCJ adopted the Bratislava manifesto on 7 June 2019 in which it makes the following points: