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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Controversial psychologist and author Jordan Peterson claimed Western countries had no “moral right” to force developing nations to reduce pollution output, noting instead that improving their economies was key.
During an appearance on the BBC’s ‘Question Time’ show on Thursday, the Canadian professor noted that the focus of climate change policies should be on incentivizing the development of cheap energy in poorer polluter countries.
“The best long term solution is to try to make developing countries as rich as possible, and the best way to do that is not control their pollution output, but to help them develop the cheapest energy they can possibly manage as fast as they possibly can,” Peterson said.
The debate saw UK undersecretary for employment Mims Davies suggest that measures taken to tackle climate change should not come at the “expense of developing countries.” But Peterson countered that it “absolutely, 100% will be [at their expense].”
I don’t think we have any moral right in the West at all to do that.
He also criticized the recent COP26 climate change conference for failing to explore ideas on how best to improve national economies in the developing world, noting that he saw “very little of that sort of idea” coming out of the UN summit.
In the final hours of the two-week conference, China and India had intervened to soften the wording around the use of coal in the Glasgow Pact. The two countries demanded a change in the final text of the agreement that called for coal to be phased out, revising this to “phasing down unabated coal.”
The move prompted COP26 president and UK minister Alok Sharma to declare that China and India would have to “justify” their actions to countries that were more vulnerable to global warming effects. However, officials in both Beijing and New Delhi have countered that the criticism was unfair.
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.
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 Chinese foreign ministry has lashed out at Lithuania after the small Baltic Sea nation approved the opening of the Taiwan Representative Office in Vilnius. Beijing says it undermines its One China policy.
Beijing was disappointed that Lithuania had proceeded to grant Taiwan permission to open its ‘representative office’ in Vilnius despite “China’s strong opposition and repeated persuasion,” Chinese foreign ministry spokesman Zhao Lijian said at a press briefing on Friday. Taiwan had opened its mission in Vilnius the previous day.
Zhao called the move a violation of the One China principle, which he said is undermining China’s sovereignty and territorial integrity, while grossly interfering in its internal affairs. The spokesman reminded Lithuania that Taiwan is an inalienable part of China’s territory and the Beijing government has sole legal authority.
As to what necessary measures China will take, you may wait and see. The Lithuanian side shall reap what it sows.
In a “stern warning” to the Taiwanese authorities, Zhao then added that “seeking ‘Taiwan independence’ by soliciting foreign support is a totally misguided attempt that is doomed to fail.”
In August, Lithuania announced that the diplomatic outpost would be named the “Taiwan Representative Office,” angering China. Taiwan’s diplomatic branches – in countries that have de facto relations with the island’s authorities – are normally called “Taipei Economic and Cultural Offices.”
China demanded that Lithuania recall its ambassador from China, which it did. Beijing then withdrew its envoy to the Baltic state.
Chinese officials have repeatedly called on Western nations, notably the UK and US, to stop interfering in Beijing’s internal affairs, stressing that they consider Taiwan to be part of China.
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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Palestinian Islamist group Hamas has called on Canadian singer Justin Bieber to cancel his upcoming concert in what it calls the “Zionist occupation state” of Israel.
Bieber announced his 2022 world tour dates this week, with a concert in Tel Aviv planned for next October. On Thursday, Hamas’ Artistic Production Department issued a statement, cited by the Palestinian Sawa news outlet, “condemning and denouncing” the performer. It called on the star to cancel the show and “boycott the Zionist occupation state in protest at its repeated crimes against the Palestinian people.”
Bieber has performed in Israel multiple times, his last performance there having been in 2017 at Park HaYarkon – the same venue slated for next year. Since the announcement of the ‘Justice’ tour dates, calls for him to cancel the Tel Aviv show have gained momentum across social media, with many posters condemning the singer for supporting what one called an “apartheid state.”
Some noted that Bieber was set to arrive in Israel after performing in South Africa. “Justin Bieber is really going straight from SA to Israel. From a country that fought apartheid to a country that’s practicing apartheid,” one Twitter user complained.
A petition asking the singer to boycott Israel and exclude it from his tour has been launched online, and had garnered some 3,700 signatures by Friday.
In 2018, the New Zealand singer Lorde canceled a concert in Israel, subsequently thanking fans for “educating” her on the issue, and, the same year, US artist Lana Del Rey at first defended her decision to perform in the country, saying her appearance would not be a “political statement,” before backtracking and canceling the gig.
Hamas has been designated a terrorist group by the US, the EU, and, as of Friday, the UK. In April 2021, international non-governmental organization Human Rights Watch concluded in a report that Israel had committed “crimes against humanity of apartheid and persecution.”
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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The EU’s drug regulator has backed the emergency use of Merck’s pill for the treatment for clinically vulnerable Covid-19 patients as cases surge across the continent.
On Friday, the European Medicines Agency (EMA) “issued advice” backing the emergency use of the drug developed by Merck in collaboration with Ridgeback Biotherapeutics, although it has not yet been authorized by national authorities.
In a statement, the drug regulator said the medicine called Lagevrio – also known as molnupiravir or MK 4482 – “can be used to treat adults with Covid-19 who do not require supplemental oxygen and who are at increased risk of developing severe Covid-19.”
It said the treatment should be administered as soon as possible after Covid-19 is diagnosed and within five days of the start of symptoms. The medicine should be taken twice a day for a period of five days.
The EMA listed the potential side effects of the capsules, including mild or moderate diarrhea, nausea, dizziness and headache. The treatment is not recommended for pregnant women.
The watchdog announced earlier on Friday that it had begun reviewing Pfizer’s medicine Paxlovid for Covid-19 with the same goal “to support national authorities” who may decide on its early use prior to marketing authorization in light of rising cases and deaths in Europe.
On Friday, Austria announced it would enter a new nationwide lockdown from Monday and make vaccination mandatory, while Germany’s health authorities claimed the country had turned into “one big outbreak.”
Both Pfizer and Merck have requested approval for their coronavirus medicines from the US Food and Drug Administration, but it is unclear when it might be granted.
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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.
