ENCJ Votes to Expel Polish Council for the Judiciary (KRS)

On 28 October 2021, the ENCJ General Assembly gathered in Vilnius to discuss the position of the Polish National Judicial Council, the KRS, in the ENCJ.  

In September 2018 the ENCJ suspended the membership of the KRS and the KRS was stripped of its voting rights and excluded from participation in ENCJ activities. After that decision the ENCJ Board stayed in contact with the KRS and monitored the situation. The Board felt however that after the suspension no improvements in the functioning of the KRS have been noted. And in effect, the situation further deteriorated. Therefore the Board decided to propose to expel the KRS from the Association.

It is a condition of ENCJ membership, that institutions are independent of the executive and legislature and ensure the final responsibility for the support of the judiciary in the independent delivery of justice. 

The ENCJ has found that that the KRS does not comply with this statutory rule anymore. The KRS does not safeguard the independence of the Judiciary, it does not to defend the Judiciary, or individual judges, in a manner consistent with its role as guarantor, in the face of any measures which threaten to compromise the core values of independence and autonomy.

Therefore today the ENCJ General Assembly voted to expel the KRS.

Speech of the President of the European Association of Judges (EAJ), Mr Duro Sessa.

Further information available here.