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Brussels’ green light of Poland’s recovery plan reveals loopholes

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Brussels’ green light of Poland’s recovery plan reveals loopholes

Poland is ready to obtain the primary tranches of the EU’s restoration fund whereas nationwide judges stay below the results of the disciplinary chamber of the Supreme Courtroom, a controversial physique that’s largely seen as a software of presidency encroachment upon the judiciary and that the European Courtroom of Justice has deemed incompatible with EU legislation.

Poland had requested a complete of €35.4 billion – €23.9 billion in grants and €11.5 billion in low-cost loans – from the bloc’s collective fund, designed again in 2020 to climate the financial disaster triggered by the COVID-19 pandemic.

The Polish plan was blocked for greater than a 12 months over persisting issues that judicial independence was below risk by the encroachment of the manager and legislative powers.

However after months of forwards and backwards between Brussels and Warsaw, the European Fee introduced on Wednesday the official endorsement of the Polish programme.

Throughout inside deliberations, 5 EU Commissioners, together with Frans Timmermans and Margrethe Vestager, voted in opposition to or voiced reservations concerning the government’s approval, Euronews has discovered.

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In alternate for this contentious inexperienced gentle, Poland has agreed to hold out two key judicial reforms earlier than any cost of restoration funds is processed:

  • To reform the disciplinary regime for judges and exchange it with a brand new physique.
  • To evaluation the instances of the judges affected by the rulings of the disciplinary chamber.

Relating to the primary demand, the Polish authorities has already tabled a potential substitute: a “Chamber of Skilled Duty” that might be tasked with vetting magistrates, fairly than punishing them.

Brussels has stated the brand new physique should adjust to EU legislation requirements, however Iustitia, the biggest affiliation of judges in Poland, has warned the proposed chamber “won’t stop the Polish government to exert management over judges [and] thus additional undermining their independence.”

Nevertheless, it is within the second milestone the place a possible loophole seems: Brussels has requested Poland to present disciplined judges the correct to have their instances reviewed by an neutral and unbiased courtroom.

The current chamber has the ability to impose fines, wage cuts, suspensions and the lifting of immunity.

There are about 50 disciplinary proceedings open in the mean time, with some judges going through a number of instances, in accordance with the European Affiliation of Judges (EAJ). “For instance, decide Waldemar Žurek has 20 proceedings in opposition to him,” EAJ stated in a press release offered to Euronews.

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Till not too long ago, the Fee had insisted on the “conditio sine qua non” to reinstate unlawfully dismissed judges. Because it stands now, Poland solely has to show the authorized evaluation has begun, not that it has concluded or corrected the wrongdoing.

“The evaluation course of might be began on the request of an affected decide,” stated an EU official talking on situation of anonymity. “The primary listening to can happen in three months after the request and the entire course of might be accomplished in 12 months.”

“Some judges is likely to be re-instated, some others may not,” one other official stated.

The chamber was deemed unlawful by the European Courtroom of Justice, which stated its functioning could “trigger severe and irreversible injury to the EU authorized order”. The ECJ then ordered the short-term suspension of the physique and the reversal of many of the choices adopted to date.

The European Courtroom of Human Rights additionally ordered interim measures within the case of a number of Polish judges who, after making use of EU case-law, had been confronted with prison expenses of “abuse of energy.”

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‘We aren’t on the finish of the highway’

Since Poland is allowed to make two cost requests per 12 months, the settlement means Warsaw is more likely to obtain the primary two tranches of EU restoration funds – and maybe even the primary three – whereas judges stay below the results of the disciplined regime. 

The primary tranche is anticipated to be value barely over €4 billion, combining grants and low-interest loans, and can be disbursed earlier than the tip of the 12 months.

The following cost, scheduled for the primary quarter of 2023, can be related in measurement. A 3rd disbursement may happen within the second half of 2023.

The Fee has negotiated a 3rd milestone to make sure the judicial evaluation of affected judges has wrapped up in accordance with EU requirements, however the provision will not be triggered till the final quarter of 2023, giving Warsaw ample time to treatment the chamber’s rulings whereas money retains flowing in.

“A primary cost will solely be potential when the brand new legislation is in drive and ticks all of the containers below this contract,” European Fee President Ursula von der Leyen stated in a tip to Warsaw.

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“As well as, Poland should show by the tip of 2023 that each one unlawfully dismissed judges ought to by then have been reinstated. That is progress, however we aren’t on the finish of the highway on the rule of legislation in Poland.”

Standing subsequent to her, Polish Prime Minister Mateusz Morawiecki struck a defiant tone and vowed he would “actually not enable anarchy to take over our judicial system.”

“I’ve my very own opinion concerning the judiciary earlier than 2025 and the judges appointed by communist authorities,” he stated. “Madame President could be very effectively conscious of my opinion on this respect.”

‘The wrongdoings haven’t been amended’

As a part of the Polish plan, Brussels has included a non-reversal clause to ensure the federal government doesn’t overturn the agreed-upon reforms. If the settlement is breached, funds can be halted.

However this isn’t sufficient for Juan Fernando López Aguilar, a Spanish MEP who chairs the European Parliament’s committee on civic liberties and justice and has been a frequent critic of the Polish ruling social gathering

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“Poland shouldn’t be given entry to EU funds till Poland reveals willingness to conform absolutely with the rulings of the European Courtroom of Justice,” López Aguilar instructed Euronews.

The MEP believes Ursula von der Leyen has betrayed her personal phrases. The Fee president had prior to now unveiled three circumstances to unlock the Polish plan, together with the re-institution of dismissed judges.

“Judges had been dismissed as a result of they utilized EU legislation. That is unacceptable,” López Aguilar stated. “These wrongdoings haven’t been amended by the Polish authorities. There are not any adequate ensures.”

From 2022 to 2026, Poland is ready to obtain €35.4 billion in grants and loans to execute 49 reforms and 52 funding initiatives, 42% of which can be dedicated to the inexperienced transition.

On high of that, Poland is entitled to an additional €25 billion in loans.

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The deal to unlock the restoration fund doesn’t tackle the 2021 ruling by the Polish Constitutional Courtroom that instantly challenged the primacy of EU legislation and raised fears of a authorized “Polexit.”

EU officers insist the commitments made with Warsaw are sufficiently sturdy to guard the EU’s monetary pursuits and that disputes centred on the rule of legislation ought to be addressed “by means of infringement procedures, not the restoration fund.”

Brussels has launched a number of authorized instances in opposition to Poland lately in a bid to place a break on the disciplinary regime. These instances have reached the ECJ, with one leading to a €1-million-per-day tremendous on Warsaw for continued authorized disobedience.

“If Poland complies with the [recovery plan’s] milestones absolutely and faithfully, sooner fairly than later the Fee will deliberate on the infringement procedures,” to carry them to an in depth, an EU official stated.

“However till then, the instances are nonetheless there.”

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After the Polish inexperienced gentle, solely two member states stay with out an authorized restoration plan: Hungary, whose programme is on standby over rule of legislation issues, and the Netherlands, who’s but to submit its blueprint.

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The CW’s Top Exec on Walker’s Uncertain Fate, Potential All American ‘Reboot’ and Superman & Lois’ ‘F–king Awesome’ Sendoff

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The CW’s Top Exec on Walker’s Uncertain Fate, Potential All American ‘Reboot’ and Superman & Lois’ ‘F–king Awesome’ Sendoff


CW Exec Talks Cancelled and Renewed Shows: ‘Walker,’ ‘All American’



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Justice Dept. makes arrests in North Korean identity theft scheme involving thousands of IT workers

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Justice Dept. makes arrests in North Korean identity theft scheme involving thousands of IT workers

The Justice Department announced Thursday multiple arrests in a series of complex stolen identity theft cases that officials say are part of a wide-ranging scheme that generates enormous proceeds for the North Korean government, including for its weapons program.

The conspiracy involves thousands of North Korean information technology workers who prosecutors say are dispatched by the government to live abroad and who rely on the stolen identities of Americans to obtain remote employment at U.S.-based Fortune 500 companies, jobs that give them access to sensitive corporate data and lucrative paychecks. The companies did not realize the workers were overseas.

NORTH KOREA’S MENACING NUCLEAR THREAT IS TOO DANGEROUS TO IGNORE. US MUST LEAD BEFORE TIME RUNS OUT

The fraud scheme is a way for heavily sanctioned North Korea, which is cut off from the U.S. financial system, to take advantage of a “toxic brew” of converging factors, including a high-tech labor shortage in the U.S. and the proliferation of remote telework, Marshall Miller, the Justice Department’s principal associate deputy attorney general, said in an interview.

The seal for the Justice Department is photographed in Washington, Nov. 18, 2022. The Justice Department has announced three arrests in a complex stolen identity scheme that officials say generates enormous proceeds for the North Korean government, including for its weapons program.  (AP Photo/Andrew Harnik)

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The Justice Department says the cases are part of a broader strategy to not only prosecute individuals who enable the fraud but also to build partnerships with other countries and to warn private-sector companies of the need to be vigilant — and not duped — about the actual identities of the people they’re hiring.

FBI and Justice Department officials launched an initiative in March centered on the fraud scheme and last year announced the seizure of more than a dozen website domains used by North Korean IT workers.

“More and more often, compliance programs at American companies and organizations are on the front lines of protecting our national security,” Miller said. “Corporate compliance and national security are now intertwined like never before.”

The Justice Department said in court documents in one case that more than 300 companies — including a high-end retail chain and a “premier Silicon Valley technology company” — have been affected and that more than $6.8 million in revenue has been generated for the workers, who are based outside of the U.S., including in China and Russia.

Those arrested include an Arizona woman, Christina Marie Chapman, who prosecutors say facilitated the scheme by helping the workers obtain and validate stolen identities, receiving and hosting laptops from U.S. companies who thought they were sending the devices to legitimate employees and helping the workers connect remotely to companies.

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According to the indictment, Chapman ran more than one “laptop farm” where U.S. companies sent computers and paychecks to IT workers they did not realize were overseas.

At Chapman’s laptop farms, she allegedly connected overseas IT workers who logged in remotely to company networks so it appeared the logins were coming from the United States. She also is alleged to have received paychecks for the overseas IT workers at her home, forging the beneficiaries’ signatures for transfer abroad and enriching herself by charging monthly fees.

Other defendants include a Ukrainian man, Oleksandr Didenko, who prosecutors say created fake accounts at job search platforms that he then sold to overseas workers who went on to apply for jobs at U.S. companies. He was was arrested in Poland last week, and the Justice Department said it had seized his company’s online domain.

A Vietnamese national, Minh Phuong Vong, was arrested in Maryland on charges of fraudulently obtaining a job at a U.S. company that was actually performed by remote workers who posed as him and were based overseas.

It was not immediately clear if any of the three had lawyers.

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Separately, the State Department said it was offering a reward for information about certain North Korean IT workers who officials say were assisted by Chapman.

And the FBI, which conducted the investigations, issued a public service announcement that warned companies about the scheme, encouraging them to implement identity verification standards through the hiring process and to educate human resources staff and hiring managers about the threat.

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Taiwan grapples with divisive history as new president prepares for power

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Taiwan grapples with divisive history as new president prepares for power

Taipei, Taiwan – Even as Taiwan prepares for the inauguration of its eighth president next week, it continues to struggle over the legacy of the island’s first president, Chiang Kai-shek.

To some, Chiang was the “generalissimo” who liberated the Taiwanese from the Japanese colonisers. To many others, he was the oppressor-in-chief who declared martial law and ushered in the period of White Terror that would last until 1992.

For decades, these duelling narratives have divided Taiwan’s society and a recent push for transitional justice only seems to have deepened the fault lines. Now, the division is raising concern about whether it might affect Taiwan’s ability to mount a unified defence against China, which has become increasingly assertive in its claim over the self-ruled island.

“There is a concern when push comes to shove if the civilians work well with the military to defend Taiwan,” said historian Dominic Meng-Hsuan Yang of the University of Missouri in the United States.

On February 28, 1947, Chiang’s newly-arrived Kuomintang (KMT) troops suppressed an uprising by Taiwan natives, killing as many as 28,000 people in what became known as the February 28 Incident. In the four-decade-long martial law era that followed, thousands more perished.

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This traumatic history met its official reckoning in 2018, when the Taiwan government set up its Transitional Justice Commission modelled after truth and reconciliation initiatives in Africa, Latin America and North America to redress historical human rights abuses and other atrocities.

People attend the commemoration of the February 28 Incident in Taipei [Violet Law/Al Jazeera]

When the commission concluded in May 2022, however, advocates and observers said they had seen little truth and hardly any reconciliation.

Almost from the first days of the commission, the meting-out of transitional justice became politicised across the blue-versus-green demarcation that has long defined Taiwan’s sociopolitical landscape, with blue representing KMT supporters and green the ruling Democratic Progressive Party (DPP).

A recently published anthology entitled Ethics of Historical Memory: From Transitional Justice to Overcoming the Past explains how the way Taiwanese remember the past shapes how they think about transitional justice. And as that recollection is determined by which camp they support, each champions their own version of Taiwan’s history.

“That’s why transitional justice seems so stagnant now,” explained Jimmy Chia-Shin Hsu, research professor at the legal research institute Academia Sinica who contributed to and edited the book. “Whatever truth it uncovers would be mired in the blue-green narrative.”

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A non-partisan view, Hsu said, is to credit the DPP with codifying transitional justice and Lee Teng-hui, the first democratically elected KMT president, with breaking the taboo on broaching the February 28 Incident.

The past shaping the future

In February, Betty Wei attended the commemoration for the February 28 incident for the first time and listened intently to the oral history collected from the survivors. Wei, 30, said she wanted to learn more about what happened because her secondary school textbook had brushed over what many consider a watershed event in a few cryptic lines, and many of her contemporaries showed little interest.

“In recent years the voices pushing for transitional justice have grown muted,” Wei told Al Jazeera. “A lot of people in my generation think the scores are for previous generations to settle.”

Statues of former Taiwan leader Chiang Kai-shek lined up in a park. Two of the statues in front show him seated. They are painted red. Some behind are standing. They are white or bronze.
The Transitional Justice Committee recommended the relocation of Chiang Kai-shek statues from public areas, but many remain [File: Ritchie B Tongo/EPA]

In Taiwan, the past is never past, and rather it is fodder for new fights.

As the DPP gears up for an unprecedented third consecutive term, the unfinished business of removing the island’s remaining statues of Chiang has resurfaced as the latest front in what Yang, the historian, described to Al Jazeera as “this memory war”.

More than half of the initial 1,500 monuments have been taken down over the past two years, with the remaining statues mostly on military installations.

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Yang argues that is because the top brass rose through the ranks under martial law and many still regard Chiang as their leader, warts and all. For them, toppling the statues would be an attack on their history.

The statues embody “the historical legacy the military wants to keep alive,” Yang said. “That’s a source of tension between the military and the DPP government.”

On the eve of William Lai Ching-te taking his oath as the island’s next president, Taiwanese will for the first time mark the “White Terror Memorial Day” on May 19, the day when martial law was declared in 1949.

While it is clear Taiwanese have promised to never forget, whom and how to forgive has become far murkier.

As the former chairman of the Taiwan Association for Truth and Reconciliation, the first NGO advocating for the cause, Cheng-Yi Huang lauded the government’s move to take over the KMT’s private archives in recent years but lamented there had been too little truth-seeking so far.

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For example, under the February 28 Incident Disposition and Compensation Act, Huang said many have chosen to stay silent about their complicity because only victims get compensation.

However, Taiwan’s tumultuous history means the line between victim and victimiser is rarely clear-cut.

Chiang Kai-shek pictured in 1955. He is wearing a military uniform with a long cape. Others in uniforms are walking behind him. They are leaving a temple.
Chiang Kai-shek (centre) in 1955. Known as ‘Generalissimo’, he led a brutal military dictatorship that only ended in 1992 [Fred Waters/AP Photo]

By digging into military archives, Yang has shed light on how Chinese were kidnapped and pressed into service by the KMT in the last years of the Chinese Civil War. Those who tried to flee were tortured and even murdered. And the native Taiwanese who rose up to resist KMT’s suppression were persecuted as communists.

“Under martial law, the military was seen as an arm of the dictatorship, but they were also victims of the dictator’s regime,” Yang told Al Jazeera. “The transitional justice movement has missed the opportunity to reconcile Taiwanese society with the military.”

To Hsu, Beijing’s belligerence demands Taiwanese of all stripes find a common cause.

“As we’re facing the threat from the Chinese Communist Party, it’s imperative that we unite in forging a collective future,” said Hsu, to a standing-room-only book talk during the Taipei International Book Exhibition in late February.

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“And how we remember our past will shape this future of ours.”

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