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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“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.
Truckers and other motorists have been trapped in a four-mile-long traffic jam on the outskirts of the Dutch city of Rotterdam amid a protest against the government’s Covid measures.
According to local media, as many as 200 activists blocked the gates of a major port in the city’s harbor on Thursday. For several hours, they prevented any vehicles from driving in and out of the cargo hub, which, in turn, led to massive traffic congestion on the highway leading to the port. Police engaged in negotiations with the protesters, who eventually relented and left the site later in the evening.
The group behind the protest action is reportedly Dockers United, who are staunchly opposed to government Covid policies. The organization’s biggest concern is that authorities could soon make it mandatory for employees to have a vaccination or recovery certificate to enter the workplace, which, as the group argues, would be tantamount to excluding people from society on an “unconstitutional basis.” They are also generally unhappy with the curbs introduced by the Dutch government, with ‘Don’t normalize what’s not normal’ being a translation of one of their slogans.
In fact, the Dutch government did announce earlier this month that it was working on introducing a ‘corona pass’ for the workplace, though it isn’t clear yet when this measure will be rolled out and how strict it will be.
Meanwhile, on Friday the EU country logged its highest-ever number of new Covid cases within 24 hours, with that figure reaching 23,591. Medics say they are working at capacity.
Amid the spike, the Dutch prime minister imposed a partial lockdown last Saturday, which requires bars, restaurants, cafes and supermarkets to close at 8pm, while shops selling non-essential goods are to shut by 6pm. Public gatherings are banned altogether.
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.
Planetary alignment on Friday has offered sky-gazers around the globe a chance to witness a spectacular near-total lunar eclipse, the longest since the 1440s.
The fascinating astronomical phenomenon lasted three hours and 28 minutes – the longest in centuries, according to international space agencies. On Thursday and Friday, depending on local time zones, the Earth, Sun and Moon aligned in such a way that 97.4% of our natural satellite’s surface was darkened in shadow.
When the Moon came out of the shroud, it turned bloody or rusty red in sunlight.
The dramatic celestial show was visible in those parts of the globe where the Moon appeared above the horizon during the eclipse.
Sky watchers in North and South America, parts of Eastern Asia and Australia had a chance to witness the phenomenon.
In Russia, the partial eclipse could be seen in Siberia and the Far East. Russian space agency Roscosmos also shared images of the shadowed moon as seen from the International Space Station (ISS).
Adding to the astonishment, the Moon was very low in the sky for much of the eclipse, causing an optical illusion that made it seem larger.
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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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.
Despite COVID-19 lockdowns and restrictions, some 650,000 women and girls were provided with gender-based violence services through a joint UN and European Union (EU) programme working to stamp out what is arguably one of the most prevalent human rights violations.
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.
A Canadian teenager has been arrested after allegedly stealing $36.5 million in cryptocurrency from a person in the US. The police claim it was the largest such heist involving one victim ever registered in North America.
Police in the city of Hamilton, Ontario, arrested the unidentified perpetrator on Wednesday, after over a year investigating what they have described as the biggest-ever cryptocurrency theft from a single person in either the US or Canada. Local police began a joint investigation with the Federal Bureau of Investigation and the US Secret Service Electronic Crimes Task Force in March 2020, when the theft was reported.
The Hamilton Police Service said it had made “multiple” seizures in excess of CA$7 million (US$5.5 million) during the arrest, which came after investigators noticed some of the stolen money had been used to buy an online username considered “rare” in the gaming community, according to a police statement.
The victim was apparently targeted by a cell phone hijack known as SIM swapping. This method involves manipulating cellular network employees to duplicate phone numbers in order to let the scammer intercept the two-factor authorization requests that allow them access to a victim’s account.
This method is considered especially potent because a lot of people use the same password for multiple sites, according to Detective Constable Kenneth Kirkpatrick, of the Hamilton Police’s cybercrimes unit. He added that cyber and cryptocurrency crimes were becoming increasingly common, but noted that the figures involved in this case were “very surprising.”
“It’s a large amount of money in anybody’s opinion,” Kirkpatrick said, adding that the case was currently in the Hamilton court system.
The police haven’t revealed the age or gender of the youth, the username they purchased, or whether they were acting alone.
