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Two days ago, Rechtbank Amsterdam refused to execute an European Arrest Warrant from Poland on grounds of systemic lack of independence of judiciary in PL. I knew that speaking Polish will come handy in this job, but I never thought that my basic Dutch will be useful. (1/9)
First of all: in a sign of changing times, the decision of the Dutch court quotes i.a. @RULEOFLAWpl and @Verfassungsblog. There is a great need of analysis and reporting that's more detailed than general journalism yet less complicated than hardcore academic writing. (2/9)
Second: this one hits close to home, as the EAW was issued by Sąd Okręgowy (Regional Court) in Poznań, my home town. I know several judges and clerks who work there. Those are, for the most part, great, hard-working people of outstanding integrity and skill. (3/9)
However, the Amsterdam court found that the general deficiencies of the rule of law in PL, including the existence and activity of the Disciplinary Chamber of Supreme Court, mean that the PL judiciary is no longer independent and that the suspect may not be rendered. (4/9)
But is it truly so? You could look at the situation both ways. One way is that the situation in top courts and the governmental interference coupled with other institutional issue have damaged the Polish judiciary so much, that you're better safe than sorry with an EAW. (5/9)
The other way of looking at it is that the government does not micromanage every court and can't be everywhere at once. The valiant judges and clerks of the court in Poznań are able to do their job, and since this particular case is not political, they will likely do so. (6/9)
During yesterday's @reconnectEU event with i.a. @JMorijn and @keessterk1 it was said that with the EU Commission failing to do its job, it's now up to courts in the Member States to save the Polish rule of law. The Dutch judges certainly seem to think so. (7/9)
Cynics will say that there's no way the PL judiciary lacks independence with regards to some "ordinary drug dealer". Idealists will say that this doesn't matter, as it's now up to courts in Europe to fight for the shared values of art. 2 TEU. (8/9)
I'm more sympathetic to the latter, but I keep thinking about the judges and their deeply under-salaried assistant clerks on Hejmowskiego street in Poznań. It's tragic that it has come for them see their hard work undone, but the blame is squarely in Warsaw. (9/9)
