Posts from this author
On the prosecutor general’s motion to the Constitutional Tribunal regarding the European Convention (case K 7/21)
Just like the Prime Minister’s motion and the Constitutional Tribunal’s judgment of 7 October, the prosecutor general’s motion in case K 7/21 contains criticism of the European Court of Human Rights acts, that are nowhere to be found in the courts’ case law.
Judge Żurek: the authorities will try to bribe and intimidate the judges. But this won’t work
‘The authorities will try to use the carrot-and-stick method: a stick for those judges who are fighting for the rule of law, and a carrot for those they try to persuade over to them,’ believes Judge Waldemar Żurek. We discuss scenarios of further changes in courts and judges’ reactions to them
Legal PolExit. Julia Przyłębska’s Constitutional Tribunal held that CJEU judgments are incompatible with the Constitution
The Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.
Constitutional Tribunal ruled: CJEU interim orders do not apply in Poland
The Constitutional Tribunal presided over by former PiS MP Stanisław Piotrowicz ruled that the CJEU’s interim orders on the structure of courts in Poland are inconsistent with the Polish constitution. During the hearing, the CJEU suspended the Disciplinary Chamber of the Supreme Court with such a ruling.
The president, prosecutor general, and Sejm support the PM’s motion to the Constitutional Tribunal that leads to legal PolExit
Ombudsman Adam Bodnar was defending Poland’s place in the legal order of the EU at the Tribunal. Meanwhile, the President, the Prosecutor General and the Sejm agree with Minister Morawiecki’s motion to the Constitutional Tribunal. The hearing was adjourned until Thursday 15 July at 1 p.m.
Judge Biernat: Prime Minister’s motion to the Constitutional Tribunal creates a false conflict between EU law and the Constitution
The Constitutional Tribunal will consider Prime Minister Mateusz Morawiecki’s motion to examine the constitutionality of the provisions of the EU Treaty on 13 July. ‘The applicant is acting in bad faith and creating a false conflict between EU law and the Constitution,’ explains Professor Stanisław Biernat. This is an interpretation of international law like that from imperial states, from Russia,’ considers Professor Jerzy Kranz.
The Polish Government is looking for candidates to the office of judge of Court of Justice of the EU
The recruitment for the office of judge of the Court of Justice of the European Union can be entered up to 19 July. An inter-ministerial group will assess the candidates. We explain the procedure and the achievements of the most probable candidates
A German court refuses to extradite a German citizen to Poland, because of the state of the Polish judicial system
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
District Court in Warsaw judge accuses a Dutch court of obstruction in the European Arrest Warrant cases
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’
The European Court of Human Rights will assess whether Poland breached Igor Tuleya’s rights through disciplinary action
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.