Should 11 January be designated as International Day of Judicial Independence?

This joint message was written by the following members of the Advisory Board of the Global Judicial Integrity Network: Hon. Zainun Ali, Hon. Diego Garcia-Sayán, Hon. José Igreja Matos, Hon. Dr Nihal Jayawickrama, Hon. Lynne Leitch, Hon. Maria Thereza Moura, Hon. Vanessa Ruiz, Hon. Adrian Saunders, Hon. Duro Sessa, Hon. Mathilda Twomey and Hon. Kashim Zannah.

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It came to our attention that on 27 March 2023, the International Association of Judges (IAJ), which has observer status with the United Nations and is actively cooperating since day one with the Global Judicial Integrity Network as well as with the UN Office of the Special Rapporteur on the Independence of Judges and Lawyers, has proposed that the United Nations proclaim 11 January as “International Day of Judicial Independence - 1000 Robes March” to mark the brave and peaceful call of judges for an independent judiciary which all citizens of the world are entitled to.

Through that initiative the IAJ underlined that, since 2015, the rule of law in Poland, like in recent years in many parts of the world, has been progressively undermined by other State powers. Successive governments have, under the guise of “reforms”, introduced a number of amendments concerning the Polish judicial system in order to exert control over it in a way that facilitate the implementation of its policy agenda. These legislative modifications are comprehensively set out by the European Court of Human Rights (ECtHR) in its judgments in Xero Flor v Poland20 and Grzęda v. Poland, and include the following:

a) An increase in the powers of the Minister of Justice, who is at the same time the Prosecutor General, in relation to the internal organization of the courts, the appointment and dismissal of presidents and vice-presidents of the courts and the areas of promotion and discipline.
b) The transfer of the power to elect the fifteen judicial members of the National Council of the Judiciary (NCJ), which is responsible for the examination and assessment of candidates for the position of judge, from the respective assemblies of judges to the Sejm and the premature termination of the terms of offices of judges elected under the previous regulations.
c) The modification of the organization of the Supreme Court by creating two new chambers: (1) the Disciplinary Chamber; and (2) the Chamber of Extraordinary Review and Public Affairs. The judges of these new chambers were appointed by the President of the Republic on the recommendation of the new NCJ.
d) The lowering of the retirement age for Supreme Court judges from 70 to 65, with the grant of discretion to the President of the Republic to decide whether to allow judges to continue in office for periods of 3 year after that age.
e) The introduction of significant changes to the rules of the disciplinary liability of judges, so as to considerably increase the role of the Minister of Justice / Prosecutor General in the area of judicial discipline and allow the content of judicial decisions to be classified as a disciplinary offence involving judges of the lower courts.
f) The taking of steps by the Polish authorities to curb references to the Court of Justice for preliminary rulings on the question of the independence of the courts in Poland or to call into question the decisions of the Polish courts which have made such references.
g) The introduction of new disciplinary offences and sanctions for judges, including for questioning the lawfulness of judicial appointments made with the participation of the new NCJ.

On 11 January 2020, judges of all Europe gathered together in Warsaw to join Polish judges and Polish citizens to protest with them, shoulder to shoulder, against new laws which fundamentally undermine the United Nations Basic Principles on the Independence of the Judiciary adopted in 1985 by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and endorsed by the General Assembly in its resolutions 40/32, on 29 November 1985 and 40/146, on 13 December 1985.

“1000 Robes March” was a unique event that took place on 11 January 2020 in Warsaw under the motto: “Right to independence. Right to Europe.”

The March was a reaction to the proposed laws forbidding judges to examine the proper composition of court panels, especially with view to the nomination process of judges, under the sanction of being dismissed from office. This law was called “Muzzle Law”.

It was the greatest demonstration of judges in contemporary Europe. Thirty thousand people, including hundreds of judges from 22 European countries, walked for a couple of hours the streets of Warsaw, from the Supreme Court, through the Presidential Palace, to the Polish Parliament where they proclaimed being European judges and that their place is in the family of democratic States of the European Union.

Judges from the following countries participated in the 1000 Robes March: Austria; Belgium; Bulgaria; Croatia; Czechia; Denmark; Estonia; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; the Netherlands; Norway; Portugal; Romania; Slovakia; Slovenia; Spain; and Türkiye.

This event was noticed and praised in the whole globe by all those who are devoted and understand the importance of an independent judiciary for the rule of law, democratic order and, finally, for world peace; it was unprecedented in world history.

It also showed international solidarity of judges, not only in Poland, but also in other parts of the world. Unfortunately, we witness in these days that the Polish case was not unique and that in many other parts of the world, the UN Basic Principles are ignored and distorted. At present we draw attention to recent developments in Hungary, Israel, Mexico, Türkiye, Venezuela, and also in many other countries.

On that day, 11 January 2020, judges were determined, and remain determined to:

• Recall the fundamental importance of respecting the rule of law, which is intrinsically linked with the principle of democracy and the respect of human rights;
• Underline that the rule of law entails the independence of the judiciary, which notably includes the separation of powers, by shielding the judiciary from politically motivated interferences, as well as impartial and independent judges;
• Emphasize that the independence of judges is particularly secured through their appointment exclusively based on merit (qualifications, experience, integrity, ability, efficiency), and that protection against unfair disciplinary measures must be guaranteed; and
• Raise their voice to attract the attention of citizens and to warn members of the other two State powers that the independence of the judiciary, as it is established in various international documents, has no alternative.

We may add that on 26 June 2024, the UN Special Rapporteur on the Independence of Judges and Lawyers, Prof. Margaret Satterthwaite, endorsed the IAJ’s initiative, with the following words:

“On January 11, 2020, judges from all over Europe joined Polish judges and citizens in Warsaw at the “1000 Robes March“, a unique event held in the name of judicial independence.
It was the greatest demonstration of judges in contemporary Europe, with more than 30 000 people, including hundreds of judges from 22 European countries marching in solidarity with their Polish colleagues. But attacks on the independence of the judiciary have been sweeping the globe, taking varied forms ranging from the capture of courts to direct attacks and interference against justice operators. For these reasons, I endorse the International Association of Judges’ call to name January 11th the “International Day of Judicial Independence” in remembrance of the “1000 Robes March” and to honor judges who bravely defend the rule of law worldwide.”

We, the following members of the Advisory Board of the Global Judicial Integrity Network, Zainun Ali, Diego Garcia-Sayán, José Igreja Matos, Dr Nihal Jayawickrama, Lynne Leitch, Maria Thereza Moura Vanessa Ruiz, Adrian Saunders, Duro Sessa, Mathilda Twomey and Kashim Zannah, believe that by accepting this proposal the United Nations will send a strong message about how the United Nations Charter and Basic Principles are valued and are needed now and, in the future, more than ever.

In that sense we support the IAJ initiative and urge Member States to name 11 January as “International Day of Judicial Independence - 1000 Robes March”.