Poland’s procedure for appointing senior judges by the executive branch violates EU rules, the Court of Justice of the European Union (CJEU) has said.
Tuesday’s ruling by the CJEU said the situation in Poland in which the justice minister, “who is also the Public Prosecutor General,” can “second judges to higher criminal courts” and terminate them at any time “without stating reasons,” infringes on the independence of the judicial branch.
The EU court’s opinion was requested by a regional court in Warsaw, which was worried that the appointment and termination procedure compromised the presumption of innocence in cases adjudicated by minister-seconded judges.
The CJEU found “a number of factors” that could empower the justice minister to influence judges and thus “may give rise to doubts concerning their independence.” It said appointments and terminations of a judge should be made “on the basis of criteria known in advance and must contain an appropriate statement of reasons.” Under the current procedures, the criteria are not public at all and the minister doesn’t have to explain his or her decision to withdraw the secondment.
The European court also noted that while a judge has to consent to be seconded by the minister, the termination can be done without one, which “may have effects similar to those of a disciplinary penalty.”
The minister’s role as head of the prosecution is problematic in the context of judge appointments, since it calls into question the impartiality of prosecution and trial, the CJEU said.
Lastly, there is an issue with seconded judges’ involvement in disciplinary proceedings brought against other judges. They serve as deputies to the Disciplinary Officer for Ordinary Court Judges, also appointed by the minister of justice. The arrangement could cast doubt on “the imperviousness of the other members of the adjudicating panels concerned to external factors,” the EU court said.
The combination of factors gave the CJEU reason to believe that minister-seconded judges “are not provided with the guarantees and the independence which all judges should normally enjoy” in a member-state of the EU. The minister’s power “cannot be considered compatible with the obligation to comply with the requirement of independence.”
Considering the circumstances, the court added, “the presumption of innocence may be jeopardised” in cases presided over by judges such as these in Poland.
The disputed procedure is part of a sweeping reform of the judicial system, which put the conservative Polish government at loggerheads with the EU. The opinion is the latest blow dealt to Poland in the ongoing conflict.
Last month, the CJEU imposed a €500,000 ($568,000) per day fine on Warsaw for ignoring a previous order from the court in a case regarding a mining operation. Poland called the ruling part of a “political blackmail” campaign by Brussels.
The EU and Poland have long been entrenched in conflicts over domestic policies which officials in Brussels say go against the union’s rules. Warsaw, among other things, has been accused of compromising the rule of law, discriminating against the LGBT community, and curbing freedom of the press. The Polish government says the EU is attempting to encroach upon its national sovereignty.
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A pack of wild boars were rounded up and euthanized after one of the animals attacked a police officer in the streets of Hong Kong – the opening shot in a pitched battle between the feral hogs and the city’s law enforcement.
A group of veterinarians took seven wild boars into custody, euthanizing the beasts after knocking them out with dart guns in an area near the financial center of the city, according to a statement from Hong Kong’s Agriculture, Fisheries, and Conservation Department on Thursday.
The pigs were captured after one attacked a police officer last week, an act which reflects the city’s new policy toward the animals: stop them before they attack again.
The aggressive boar knocked down a police officer by biting his leg last week as the two faced off in a residential car park, the pig only losing the battle after falling off the building to its death. The wild boars are apparently “accustomed” to wandering back and forth along the roadway, begging for food from pedestrians and vehicles alike. Previously, the city had handled the population by capturing and sedating the animals, then relocating them to “remote areas,” according to the the department.
Hong Kong CEO Carrie Lam vowed to increase penalties for those citizens found feeding the boars, which have reportedly been responsible for some 30 attacks in recent years. While residents are warned not to feed the boars so as not to encourage population growth or disease outbreaks, the animals are a favorite among some visitors. Still, Lam insisted “we can’t simply sit on our hands while things deteriorate.”
Animal rights groups have responded with a protest letter against a policy of euthanasia, pointing out that most visitors do not feed the boars and arguing resources should be directed toward stopping the human activity rather than blaming all the boars. Allowing the boars to be captured and killed “ignores their right to live and considers their existence in urban areas as a capital offense,” the letter read.
NEW YORK, Nov 19 (IPS) – A week has gone by since COP 26 with 197 Parties ended in the Scottish city of Glasgow on extended time last Saturday. Climate change which covers wide array of issues affecting all living beings engaged the people around the world for COP 26 in a way never experienced since COP1 was held in Berlin in 1995.
An Argentinian woman has become the second-ever HIV-infected person whose immune system helped defeat the virus without requiring additional medical treatment. She was first diagnosed with the AIDS-causing infection in 2013.
Scientists have dubbed the 30-year-old mother the “Esperanza patient,” after her hometown. The word ‘esperanza’ translates to ‘hope’ in English. Publishing their findings in the Annals of Internal Medicine journal on Monday, the researchers said the discovery boosts hope for a “sterilizing cure” for the estimated 38 million people with the life-long infection.
“I enjoy being healthy,” the Esperanza patient told NBC News over email. “I have a healthy family. I don’t have to medicate, and I live as though nothing has happened. This already is a privilege.”
The study found no intact remnants of the virus in the 1.5 billion blood and tissue cells the researchers analyzed – confirming the discovery first announced in March at an international meeting of HIV experts.
No additional information about the woman has been made public, but she was described at the time as “athletic and beautiful” and revealed to have an HIV-negative boyfriend and newborn baby.
Only one other person, identified in August 2020 as 67-year-old Loreen Willenberg from San Francisco, has been confirmed to have overcome the virus without medical intervention. The two women have been labeled ‘elite controllers’, referring to a rare subset of HIV patients who show no signs of the infection despite not undergoing antiretroviral treatments.
Typically, an HIV-infected person requires constant drug therapy to prevent the virus from attaching to their immune cells’ DNA and replicating. But, in the eight years since she was diagnosed, the Esperanza patient only received medication for six months during pregnancy to ensure her baby would be healthy.
In all, there have been four patients cured of HIV, two of whom – the ‘Berlin patient’ Timothy Ray Brown and the ‘London patient’ Adam Castillejo – were also cancer patients who received risky bone marrow transplants from donors with HIV-resistant genes. However, the success of their procedures is yet to be replicated.
“This is really the miracle of the human immune system that did it,” Dr. Xu Yu, an immunologist at the Ragon Institute in Boston, who co-authored the study, told NBC.
The European Union’s top court has ruled that Hungary’s 2018 law aimed at criminalizing aiding illegal immigrants who are claiming asylum violates the “rights safeguarded” by the bloc’s legislature.
The Hungarian legislation, passed in 2018, sought to punish anyone “facilitating illegal immigration” with a year in prison, under a bill dubbed the “Stop Soros” law. Hungary’s government justified it at the time by arguing that migrants illegally entering the country threatened its national security.
In the ruling, handed down on Tuesday, the European Court of Justice declared that “criminalizing such activities impinges on the exercise of the rights safeguarded by the EU legislature in respect of the assistance of applicants for international protection.”
The EU’s advocate general, Athanasios Rantos, had urged the court to make such a judgement back in February, claiming the introduction of the legislation meant that “Hungary has failed to fulfil its obligations under the [bloc’s] Procedures Directive.”
It became known as the Stop Soros law after billionaire philanthropist George Soros became a vocal opponent of the Hungarian government’s opposition to migration. The administration, in turn, accused Soros of orchestrating migration to Europe, with the Open Society Foundation, run by the philanthropist, closing its operation in the country in response.
Hungary, under the leadership of right-wing Prime Minister Viktor Orban, has repeatedly clashed with the EU in recent years over its strong stance on immigration and concerns from the bloc about threats to the rule of law in the country.
At the end of 2020, a dispute between Hungary and Poland and the EU risked derailing the bloc’s budget, as both member states were threatening to veto it over their view that the EU was attempting to interfere in their domestic affairs. Ultimately, the EU backed down, agreeing to a compromise with Budapest and Warsaw to ensure the budget secured the support of all 27 member states.
Despite acknowledging the EU court’s ruling, Hungary’s government defended its right to challenge any foreign-funded non-government organizations that are attempting to “promote migration.”
“Hungary’s position on migration remains unchanged: Help should be taken where the problem is, instead of bringing the problem here,” Hungarian government spokesperson Zoltan Kovacs said, adding that the country will challenge outside entities “seeking to gain political influence and interference.”
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An official inquiry has found that Germany’s justice system was staffed with former Nazis for decades after the Second World War, At one point, three out of four top officials at the prosecutor’s office were former party members.
Released on Thursday, the 600-page report was compiled by historian Friedrich Kiessling and legal scholar Christoph Safferling, and covers the Cold War period running from the early 1950s until 1974. The work was commissioned by the federal prosecutor’s office.
The researchers found that, at one point during the 1950s, roughly three in four top officials in the federal prosecutor’s office had been members of the Nazi Party. It took until 1972 before former Nazis were no longer in the majority in that office, and until 1992 before the judicial system had been fully purged of ex-members of the fascist party.
“There was no break, let alone a conscious break, with the Nazi past,” the researchers said of the situation.
Presenting the inquiry’s findings, state secretary at the justice ministry Margaretha Sudhof said the country has “long remained blind” to the presence of ex-Nazis in senior positions after the end of the Second World War.
“On the face of it they were highly competent lawyers… but that came against the backdrop of the death sentences and race laws in which they were involved,” Sudhof commented.
In a statement about the study’s publication, Justice Minister Christine Lambrecht said she welcomed “the fact that the Federal Prosecutor’s Office is also grappling with its troubled past and is shedding more light on its own Nazi entanglements in the post-war period.”
The federal prosecutor’s office is Germany’s highest prosecutorial authority, responsible for pursuing those who violate international law and commit alleged crimes relating to state security.
The latest study follows an earlier report published in 2016, which stated that in 1957 – more than a decade after the war had ended – 77% of senior officials in the justice ministry were former Nazis. At the time of that publication, then-Justice Minister Heiko Maas stated that the “Nazi-era lawyers went on to cover up old injustice rather than to uncover it, and thereby created new injustice.”
“Catastrophic and famine-like conditions” hang over Afghanistan’s farmers and herders, whose needs continue to worsen with the onset of winter, UN humanitarians said on Friday.
The Chinese envoy to the European Union has reiterated Beijing’s goal of peacefully reuniting Taiwan with the mainland but stated the country’s preparedness to use “decisive measures.”
Speaking on Tuesday, China’s ambassador to the EU, Zhang Ming, said Beijing would never change its position on Taiwan. “If anything changes, it is that the Chinese people’s resolve to realize complete reunification of our country grows even stronger,” Ming told an online think tank event in Brussels.
“Some people in Europe seem to underestimate the Chinese people’s aspiration for a reunification of our country,” he added, noting also that the bloc must lift its sanctions if a new Sino-EU investment deal is to be ratified.
In May, Brussels halted an investment pact agreed with China last December, after Beijing imposed sanctions on several members of the European Parliament. The EU responded, introducing its own sanctions related to the treatment of the Uyghur people and alleged genocide in Xinjiang.
In recent years, China has become increasingly assertive about reuniting its wealthy island neighbor with the mainland. Beijing claims Taiwan is an inalienable part of the country and has called on Western parties to refrain from interfering in Chinese internal affairs. Western nations, notably the US and UK, have shown willingness to defend the democratic island.
Taiwan considers itself to be independent of China since 1949 when the communist forces overthrew the government of the Republic of China on the mainland, forcing the Kuomintang-ruled state to relocate there.
With about 2.3 million people already suffering with serious water, food and pasture shortages in Somalia, a rapidly worsening drought could lead to an “extreme situation” by April next year.
