This is the second decision by the Higher National Court in Karlsruhe to suspend the execution of a EAW to Poland, directly motivated by concerns over the rule of law, resulting from changes in the judiciary after 2015

In refusing extradition from Poland to the Netherlands, Judge Łubowski ruthlessly attacked the Dutch courts and government, including for obstructing the fight against international crime and the destruction of the community of EU law. He mentioned the threat of ‘horrific euthanasia’ and a ‘pathological narcotics policy’

Judge Igor Tuleya is accusing the Polish government of, inter alia, breaching his right to private life and his reputation in connection with disciplinary proceedings against him and summoning him as a witness in disciplinary proceedings against other judges.

The Regional Court in Amsterdam has already submitted a second enquiry to the Court of Justice of the EU regarding the performance of a European Arrest Warrant to Poland. Until the receipt of an answer from the CJEU, no person suspected or convicted of a crime by a court in Poland will be extradited from the Netherlands.

The Commissioner for Human Rights Adam Bodnar’s five-year term of office ends on 9 September. It is likely that PiS will treat the election of the new Commissioner as a show of hegemony and a symbolic retaliation against Bodnar as well as lawyers and civil society activists involved in the defence of the rule of law, which means there will be a ‘trench warfare’ between the Sejm and Senate in the autumn

Independence of the judiciary and the rule of law have been almost completely absent from the presidential campaign in Poland. But the result of the elections will fundamentally affect these areas. We discuss two scenarios: if the incumbent president Andrzej Duda wins, and if his challenger Rafał Trzaskowski wins.

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.

 At the beginning of April, the CJEU will consider the European Commission’s request to suspend the Polish Supreme Court’s Disciplinary Chamber. The Grand Chamber is aware of and concerned about the situation of judges subjected to harassment via disciplinary proceedings, as well as the threats of even harsher repressions in the “Muzzle Law.” In addition, the CJEU will respond to a number of preliminary questions submitted by Polish courts.

The unprecedented decision shows that a court in Germany does not trust that a process brought against a Polish citizen in Poland will be conducted with respect for the fundamental right to a fair trial. This is not an expression of distrust towards Polish judges, but rather towards the system built by the ruling majority. The straw that broke the camel’s back was the system of disciplinary liability and the Muzzle Law.

“I feel ashamed when I see that the First President of the Supreme Court can say such things about Poland. Ashamed that someone like that was ever appointed to that office. Thankfully, this will soon change.” This is how Polish President Andrzej Duda referred on government-controlled TVP to the First President of the Supreme Court, professor Małgorzata Gersdorf