Two new beliefs European Court of Justice (CJEU) Objection Poland And Hungary’s authoritarian tendencies. The European judiciary announced on Tuesday that it opposes judicial independence. Therefore it is illegal Poland’s current system grants The power of the Minister of Justice to appoint judges of the High Criminal Court Seconded and withdraw them after their position without having to prove their legitimacy.
Regarding Hungary, the European Court of Justice Knocked down Immigration rules are called law Stop Soros (Referring to the American tycoon of Hungarian descent, Prime Minister Viktor Orbán has turned him into his black beast) When he believes he has violated the rights of asylum seekers.
The two countries have been fighting Brussels for years, the latter condemning the EU’s policies Orban And from Government by law They pose a systemic threat to the rule of law in Hungary and Poland respectively.The European Commission blocked the recovery plan of the two countries As a measure of correcting stress, So far to no avail. In fact, the Warsaw government refused to comply with the judgment of the European Court of Justice.
The main political groups in the European Parliament (popular, socialist, liberal, green, and radical left) have just written A letter to the president, Ursula von Delane, In which they asked him to be unwavering and not approve Poland’s plan until full assurances of respect for judicial independence were obtained.
In its ruling against Poland on Tuesday, the European Court of Justice stated that in order to avoid the risk of arbitrariness and manipulation, the decision to grant the judge’s service committee and the decision to terminate the service must be Adopt according to known standards and appropriate motivation.
However, the attorney general (who is also the attorney general) has broad powers to pass these types of decisions without having to defend himself, which makes it possible for the minister to influence promoted judges, which makes them question their impartiality. And its independence, the ruling is still going on.
“According to the unknown standard, the Minister of Justice has the right to assign the commissioned judge to a higher court and terminate the commission without explaining the reason for their decision. Therefore, during your visit, you are responsible, They did not enjoy the security and independence that every judge should have Usually in the rule of law. CJEU insists that this power cannot be seen as consistent with the obligation to comply with independence requirements.
“The independence and impartiality of judges are necessary conditions to guarantee the presumption of innocence. Well, in this case, under the circumstances described, The independence and impartiality of judges and the presumption of innocence may be compromised“, ended this sentence.
As far as Hungary is concerned, CJEU believes that the so-called cessation of the Soros Act is illegal, Categorizes as a criminal offence the assistance provided by anyone working in a country, international organization or non-governmental organization to refugees who wish to apply for asylum or residence in Hungary. The norm also restricts personal freedom because it prohibits persons prosecuted for assisting immigration from approaching the border crossing zone of Hungary where asylum seekers are held.
“This rule restricts Access to international protection applicants’ rights And get in touch with them, on the other hand, to ensure the validity of the rights of asylum seekers to consult legal counsel or other advisors at their own expense,” the ruling pointed out.
The European Court of Justice continues to restrict these rights,”The target cited by the Hungarian legislator cannot be justified, That is, assistance to combat abuse of asylum procedures and illegal immigration based on deception”.
The Viktor Orbán government responded that it had noticed this sentence, but it reserved “Take action on the activities of foreign-funded NGOs, Including those caused by George Soros, People who want to gain political influence and even promote immigration. “