Law Society and Bar in appeal to Taoiseach over rule of law in Poland

The president of the Law Society and the chairman of the council of The Bar, in a letter sent late Friday afternoon, said the independence of the judiciary in Poland is a matter for the whole of the EU.

Paul McGarry SC, chairman of the Council of The Bar of Ireland, said: “This threat to the autonomy and independence of courts is not only an internal problem of Poland.

“It has consequences for the international legal community as well and affects directly the application of European Union law.

“The right of access to an independent court is one of the primary elements underpinning legal systems of states.

“It is guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union.”

The letter was accompanied by a copy of a letter sent by Ruthven Gemmell, president of the Council of Bars and Law Societies of Europe (CCBE), to Polish president Andrzej Duda last Tuesday.

That letter expressed, in detail, the nature of developments and breaches of the natural rule of law.

Stuart Gilhooly, president of the Law Society, said: “We have read reports of the concerning developments in Poland over recent months - including restrictions on the news media, public gatherings and activities of non-government organisations. Now these new developments strike at the very heart of a modern democracy and have widespread implications for the whole of Europe.

“The independence of a national judicial system is fundamental to the ability for citizens to uphold their rights, and to keep the other branches of government to account.

“We are calling upon the Taoiseach and the members of the Irish Government to exert pressure with their Polish counterparts to stop this draft legislation which threatens democracy and the rule of law in a major EU member state.”