Petiția se adresează: Petitionsausschuss des Europäischen Parlaments

The petitioner refers to Article 6 (3) TEU to point out Poland’s alleged violations of the indisputable principles underlying the system being in force in EU Member States: the rule of law, the guaranteed right to a fair trial and, in general, the principle of the separation of powers into three branches (an executive, a legislature and a judiciary). In the light of recent events in Poland - the ongoing judicial reform, which, for example, subjugates common courts to the Minister of Justice who is also the General Prosecutor - these principles seem to be undermined. The petitioner also refers to the judgment of the European Court of Justice of 27 February 2018, case: C-64/16, which, as stipulated in Article 19 TEU, also entrusts national courts (in addition to the Court of Justice of the EU) with the responsibility for ensuring judicial review of the Union's legal order, while respecting the interpretation and application of the EU Treaties. Furthermore, the petitioner points out the retroactively implemented purges in the Supreme Court, the shortening of the term of office of the President of the Supreme Court contrary to the Polish Constitution, and the abuse of and non-compliance with the principle of sovereignty over the judges who pronounce sentences. The petitioner urges the European Commission to bring a complaint against the Polish authorities before the Court of Justice for their failure to comply with their obligations to comply with the EU law by violating the principles of independent courts and independent judges.