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Judges in Poland and in the Republic of Moldova must remain independent

Amendment No. 9 | Doc. 15204 | 25 January 2021

Signatories:
Mr Arkadiusz MULARCZYK, Poland, EC/DA ; Ms Iwona ARENT, Poland, EC/DA ; Mr Zbigniew GIRZYŃSKI, Poland, EC/DA ; Mr Daniel MILEWSKI, Poland, EC/DA ; Mr Bolesław PIECHA, Poland, EC/DA
Origin
2021 - First part-session
In the draft resolution, delete paragraph 12.2.

Explanatory note

There is no rule in Polish constitutional law that NCJ members who are judges could be only elected by other judges. It cannot be also recognized as a European standard. Also in Spain the NCJ members are elected by the parliament and in some European countries (eg. Germany, Austria, Scandinavian countries) there are no judiciary councils at all and the judges are nominated by the political bodies.