VM498 – Judicial Independence in Poland Motion 2018 (Second Reading) Watch

Poll: Do you agree with this motion?
As many are of the opinion, Aye (20)
42.55%
On the contrary, No (19)
40.43%
Abstain (8)
17.02%
This discussion is closed.
Saracen's Fez
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#1
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#1
VM498 – Judicial Independence in Poland Motion 2018, TSR Libertarian Party
This House acknowledges the threat to judicial independence currently being seen in Poland under the perhaps ironically named Law and Justice Party.

Legislation has been passed to reduce the judicial retirement age from 70 to 65, meaning that some 36% of the Polish supreme court (27 of the 74 judges currently serving in the court) were to be dismissed on Tuesday, 3 July, providing they did not apply to stay on with the assent of the President. Additionally, the new law envisages expanding the court to 120 judges, with the government having control over the appointments of almost two-thirds of supreme court judges from scratch.

One of the judges implicated is the Polish supreme court president herself. Malgorzata Gersdorf has refused to stand down and on Wednesday, 5 July, returned to work insisting on completing her six-year term set by the constitution which is due to end in 2020, despite the fact that a replacement for her has been appointed. In fact, last week a general assembly of supreme court judges issued resolutions stating that the dismissals contravened constitutional guarantees of judicial independence and explicit provisions in the constitution guaranteeing the term of office of Gersdorf.

In response, this House supports the legal action that the European Union is intending to bring against the Polish government, on the grounds that “these measures undermine the principle of judicial independence, including the irremovability of judges, and thereby Poland fails to fulfil its obligations under article 19(1) of the treaty on European Union read in connection with article 47 of the charter of fundamental rights of the European Union”. The Polish government has been given a month to respond, after which it could be ordered to desist from implementation until a ruling from the European Court of Justice is made.
This House calls on the government of the United Kingdom to come out in condemnation of the Polish government’s attempts to erode the principle of judicial independence, which is important element of the rule of law.

Further information/sources:
https://www.bbc.co.uk/news/world-europe-44695235
https://www.ft.com/content/ef3b5420-...5-50daf11b720d
https://www.theguardian.com/world/20...omes-to-a-head
https://www.ft.com/content/d660c9ee-...7-1e1a0846c475
https://www.economist.com/the-econom...-law-in-poland

Changes for Second Reading
Spoiler:
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Minor edits as well as the removal of the section calling on the government to encourage Hungary not to veto any action against Poland, in response to the concern of members of the House.

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CatusStarbright
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#2
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#2
Aye. Let’s stand up for the rule of law and judicial independence.
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Life_peer
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#3
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#3
No. Let's not impose our rules and values upon other countries. Don't worry, the Poles are big boys; they'll sort it out.
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Jammy Duel
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#4
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#4
Are we the Model Polish Parliament?
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Paracosm
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#5
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#5
Saracen's Fez Jammy Duel I'd like to request to change my vote from Abstain to No please.
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Miriam29
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#6
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#6
Saracen\

I would like to change my vote to a “no” please.
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Jammy Duel
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#7
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(Original post by Paracosm)
Saracen's Fez Jammy Duel I'd like to request to change my vote from Abstain to No please.
(Original post by MiriamButcher)
Saracen\

I would like to change my vote to a “no” please.
One abstention and one Aye have been changed to two noes.
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Jammy Duel
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#8
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#8
Since I was editing the poll anyway, one Aye has been removed for duplicated votes in seat 45
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Andrew97
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#9
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#9
Nay, it is not up to us to tell the Polish how to run their judicial system.
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EagleKingdom
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#10
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#10
Nay. We should not interfere with how the Polish run their judiciary system. If this action breaches EU law then it should be the EU that deals with this without any involvement from us.
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04MR17
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#11
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#11
While we're in the EU (as is Poland), of course we should support the EU. When we leave of course we shouldn't interfere with Poland. It has nothing to do with us any more.

Sadly, the poll is now closed. Even though no result posted.
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Saracen's Fez
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#12
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The Ayes to the right: 20
The Noes to the left: 19
Abstentions: 8

The Ayes have it! The Ayes have it! Unlock!

Turnout: 94%
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