Łętowska: It was a “cooperative”, and the judges were co-opted to offer support. A new Council must be chosen

“Can a judge support his own candidacy for the National Council of the Judiciary, as Nawacki did? I don’t think so. After all, a candidate is on such a list because he agreed to run. So he is to perform two roles (active and passive) simultaneously? And defects concerning one candidate makes the whole list null and void,” says Ewa Łętowska

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Commissioner for Human Rights Adam Bodnar: On the Anatomy of the Crime Against the Polish Judiciary

When I meet with people from all over Poland, I can see no severe opposition against damaging the judiciary system. The area is a complex one, and judges are a kind of “elite” with which not many people identify. Moreover, why all this alarm? After all, nothing is really happening. These are the common opinions. My role is thus to explain that the truth is completely different. That what is happening is a crime against the judiciary system, and that sooner or later its effects will be experienced by everyone. So I have to educate people on how to prevent those processes, wrote Commissioner for Human Rights Adam Bodnar for Magazyn TVN24.

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Extraordinary Control and Public Affairs Chamber to euthanise the Supreme Court’s own resolution

The “Muzzle Act” takes effect 14 February. Public opinion is focused on the Disciplinary Chamber, but it is the Extraordinary Control and Public Affairs Chamber that will serve to smother oversight of judges recommended by the new National Council of the Judiciary. This chamber will accept all relevant motions and simply leave them unexamined. In addition, any resolutions it passes will be binding on the entire Supreme Court.

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“Constitutional Tribunal has virtually been abolished,” announce retired judges

Twenty-two former members of the Constitutional Tribunal, including eight retired presidents and vice-presidents, say the court has ceased to perform its constitutional tasks and duties. They note the pending spurious dispute on the Supreme Court resolution, and particularly the participation of two former MPs in the bench, that compromise the court’s independence.

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Translation of Supreme Court rulings applying ECJ judgment of 19 November 2019

Court of Justice holds that domestic courts are to review the independence of the new National Council of the Judiciary and the Disciplinary Chamber

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Disciplinary Chamber tries to shut Juszczyszyn up by suspending him and reducing his salary

The Disciplinary Chamber of the Supreme Court has suspended Paweł Juszczyszyn indefinitely for his attempt to review the legality of the new National Council of the Judiciary and the status of a judge that body appointed. The Disciplinary Chamber ruled that he had no right to do so. The judge’s defenders announced that he would show up for work because the Disciplinary Chamber’s decisions are illegal.

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3 February 2020


Dear Vera, I’m a fan

Rule of Law presents an open letter from Professor John Morijn to EC Vice President Vera Jourova.

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Hungary’s captured media: What can Poland learn to defend freedom of press?

Independent media are a vital element of liberal democracy. Zselyke Csaky explains changes in the Hungarian legal and media market landscape and how media in other countries can learn to be more resilient against government pressure.

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Poland’s judges implementing Supreme Court resolution of their own accord

Judges from Kraków and Słupsk, as well as judges’ associations, want justices promoted by the new National Council of the Judiciary to refrain from hearing cases. In Łódź, one such judge decided on his own to stop adjudicating, and the court’s president has stopped assigning him new cases. This is a reaction to the historic resolution taken by the College of the Supreme Court.

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CJEU President: European Union is not crushing the member states. They are the EU

Prof. Koen Lenaerts, President of the Court of Justice of the European Union, explains why mutual trust and judicial independence are of fundamental importance to the EU Member States 

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