European Union: ICJ joins call for urgent EU response to Hungary’s COVID-19 emergency law

European Union: ICJ joins call for urgent EU response to Hungary’s COVID-19 emergency law

In a joint letter to EU Member States, the ICJ and other human rights NGOs have urged them to recognize the grave implications for human rights and the rule of law, of the Hungarian government’s recent emergency measures.

Ahead of the Council of the EU videoconference of EU Affairs Ministers to discuss the response to COVID-19, Amnesty International, International Federation for Human Rights (FIDH), Human Rights Watch, the ICJ, Open Society European Policy Institute and Reporters Without Borders (RSF) urged the Council to take immediate steps to protect the principles enshrined in Article 2 of the Treaty on European Union (TEU), and the rights enshrined in the EU Charter of Fundamental Rights. This is particularly needed in light of the already deteriorated state of the rule of law and human rights in Hungary, which warranted the activation, in September 2018, of the procedure laid down in Article 7.1 TEU.

The organisations urged the member states of the European Union to:

  • include in the agenda of the upcoming session of the EU General Affairs Council an Article 7.1 TEU hearing on the situation in Hungary, including recent developments in relation to the COVID-19 outbreak, and address to the government of Hungary, as a matter of urgency, concrete recommendations to safeguard respect for the rule of law and human rights in the country, that the Hungarian government must implement by a set deadline;
  • commit to assessing the implementation of the recommendations in a timely manner in order to reach a determination under Article 7.1 TEU and, should conditions warrant it, move forward under Article 7.2 TEU.
  • ensure enhanced monitoring of the Hungarian government’s use of EU funding, including funds aimed at supporting member states during the public health crisis.

The organisations urged both the Council and the Commission to cooperate with each other, and with the European Parliament and national parliaments, to ensure a coordinated, consistent and effective response to the situation.

The full letter is available here: CSO Letter to GAC -rule of law in Hungary April 2020

 

Hungary: disciplinary action against judge for recourse to EU Court must cease

Hungary: disciplinary action against judge for recourse to EU Court must cease

The ICJ today called on the Hungarian authorities to desist from instigating disciplinary proceedings threatened against Judge Csaba Vasvári, a judge of the Central District Court of Pest and a member of the Hungarian National Judicial Council.

The imminent threat of disciplinary action is a consequence of a preliminary reference Judge Vasvári made to the Court of Justice of the European Union.

“Judge Vasvári faces disciplinary action as a direct result of his request for a preliminary ruling of the Court of Justice of the EU on the very question of judicial independence in Hungary. This is an extremely concerning attempt to interfere with the independence of a judge in discharging his judicial function which, if it proceeds any further, will set a dangerous precedent.” said Róisín Pillay, Director of the ICJ’s Europe and Central Asia programme.

A motion to begin disciplinary proceedings against Judge Vasvári was brought by the Acting President of the Budapest Regional Court in October, following Judge Vasvári’s request in criminal proceedings before him last July, for a preliminary ruling the Court of Justice of the EU (CJEU) under Article 267 of the Treaty on the Functioning of the European Union (TFEU).

In the request to the CJEU, Judge Vasvári raised questions regarding compliance with the principle of judicial independence under Article 19.1 of the Treaty of the European Union (TEU), in particular the appointment procedures for court presidents, and remuneration for judges, as well as questions regarding the right to interpretation in court.

Following a decision of the Hungarian Supreme Court in September that the reference was contrary to Hungarian law since it was irrelevant to the case, disciplinary action against judge Vasvári was sought on the grounds that in making the reference, he violated the requirement to conduct himself with dignity and refrain from action which would undermine the dignity of the judiciary.

The motion for disciplinary proceedings is now expected to be considered by a panel of the Service Court, which will decide if disciplinary proceedings will commence.

“The actions of Judge Vasvári in making a preliminary reference to the CJEU were an entirely legitimate exercise of his judicial functions in accordance with EU law. It is essential that judges are able to use all appropriate judicial avenues to address and uphold the rule of law, including to protect the right to a fair trial and the independence of the judiciary” said Róisín Pillay. “It is also necessary for the proper application of EU law, that judges are able refer questions to the CJEU under Article 267 of the Treaty without undue hindrance.”

The ICJ recalls that under international standards on the independence of the judiciary, judges must decide matters before them impartially, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason (Principle 2, UN Basic Principles on the Independence of the Judiciary). Council of Europe Recommendation CM/Rec (2010) 12 of the Committee of Ministers specifies that “the interpretation of the law, assessment of facts or weighing of evidence carried out by judges to determine cases should not give rise to civil or disciplinary liability, except in cases of malice and gross negligence.”

The UN Basic Principles on the Independence of Judiciary (principle 8) also affirm that “members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.”

NJCM and ICJ hold a roundtable discussion among judges and lawyers on the application of counter-terrorism legislation in the EU

NJCM and ICJ hold a roundtable discussion among judges and lawyers on the application of counter-terrorism legislation in the EU

On 27 September, the Nederlands Juristen Comité voor de Mensenrechten (NJCM) and the ICJ held a a closed-door roundtable discussion in the Hague on investigative procedures and procedural rights in counter terrorism: implementing the EU Directive 2017/541 on combating terrorism. The discussion took place in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE) project”.

Judges, prosecutors and lawyers from 11 EU countries shared their practices and experiences in the application of the investigative procedures and procedural rights related to the prosecution of the criminal offences enshrined in the EU Directive 2017/541 on combating terrorism within the different legal systems of the European Union (EU).

The discussion focused on investigative powers, evidence gathering, pre-trial detention, cross border cooperation and the European Arrest Warrant. These practices were assessed in light of international human rights law principles in order to identify best practices that could be promoted throughout the EU.

This is the second out of four roundtables organized within this project between April and November 2019 by the ICJ and partners.

See the agenda here.

Poland: Respect EU Court of Justice interim order and maintain Supreme Court judges in office

Poland: Respect EU Court of Justice interim order and maintain Supreme Court judges in office

The ICJ welcomes the interim measures prescribed today by the Court of Justice of the EU as a necessary step in stemming the evident erosion of the rule of law in Poland.

The Court provisionally ordered Poland to preserve the composition of its Supreme Court of 3 April 2018, before a law forcing into retirement a third of the Court’s members entered into force.

The ICJ urges the Polish authorities to comply with the EU Court order by maintaining in office the Supreme Court judges .

“In accordance with today’s court’s order, Polish authorities should immediately rescind all measures taken since April 2018 that modify the composition of the Supreme Court. They are obliged to do this under EU law as it is binding on Polish authorities and by the fundamental principle of the rule of law that decisions of the judiciary must be respected and implemented.” said Róisín Pillay, Director of the ICJ Europe and Central Asia Programme.

On 10 October, President Andrzej Duda appointed 27 judges to the Supreme Court in place of those forcibly “retired” last July. The ICJ condemned this act of the President of Poland because it contravened an order of the Supreme Court suspending the law under which these appointments were made, pending a decision by the EU Court. Critically, the mass and forced retirement of sitting judges before the end of the established terms of tenure undermines their security of tenure, a key principle regarding the independence of the judiciary.

Background

The independence of the judiciary in Poland has been systematically undermined by the Polish executive and legislative authorities.

Earlier this year Poland issued a new law on the Supreme Court that attempts to force the “retirement” of one third of the Supreme Court judges, including the First President, by lowering the mandatory retirement age for its judges from 70 to 65. This measure clearly contravenes international human rights law and standards.

The European Commission has launched an infringement procedure for lack of compliance of this law with EU law.

In the absence of satisfactory reforms by Poland, on 24 September, the Commission referred Poland to the Court of Justice of the European Union (CJEU) and asked for interim measures to restore Poland’s Supreme Court to its situation before 3 April 2018. Today’s decision by the Court of Justice granted this interim measures request.

At the same time, the Supreme Court of Poland submitted a preliminary ruling request to the CJEU seeking its interpretation on the compliance of the legislation on retirement ages of judges with EU law, in particular with the prohibition of discrimination on grounds of age under Directive 2008/78.

An ICJ letter of 11 July 2018, signed by 22 senior judges from all regions of the world, urged the Polish government to act immediately to reinstate the forcibly retired judges in office.

 

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