The Constitutional Tribunal is about to issue a verdict that may finally remove Adam Bodnar from the post of Commissioner for Human Rights, even if he has no successor. The incumbent Commissioner considers that the President of the Constitutional Tribunal, Julia Przyłębska, is not impartial and should not rule in this case

‘Mr Zych has agreed not to participate in any work of the LGBTIQ equality strategy 2020-2025 working group in anticipation of the completion of the procedure,’ writes the European Economic and Social Committee in response to the appeal of the MEPs

The First President of the Supreme Court, Małgorzata Manowska, has filed a motion with the Constitutional Court to declare the provisions of the Act on Access to Public Information unconstitutional. ‘I will not be surprised if we remember this date as the date that transparency of the public authorities ended,’ wrote Mirosław Wróblewski of the ombudsman’s office

The statistics on the work of the Constitutional Tribunal in 2019 give a picture of the Tribunal’s work in its third year under the presidency of judge Julia Przyłębska. The results are not impressive

‘The declaration of the European Council was purely a face-saving document for domestic use in Poland and Hungary. There are 11 points on the rule of law issue. Not a single one of these points changed the rule of law legislation,’ says Petri Sarvamaa, Finnish MEP of the European People’s Party (EPP)

“I appeal to you and members of the Polish Government to refrain from statements that are factually incorrect or diverge from legal fact when assessing the activities of the European Union,” writes Adam Bodnar, Poland’s Commissioner for Human Rights (CHR), in a letter to PM Mateusz Morawiecki

The European Association of Judges (EAJ) supports the idea that Poland’s National Council of the Judiciary should be removed from the European Network of Councils for the Judiciary (ENCJ). “For several years I have been speaking loudly about the dangerous path onto which Poland’s rulers have gone. Their aim is to destroy the separation of powers,” said the president of the European association in January

“The big political groups are basically speaking with one voice when it comes to the rule of law and Poland. In this sense the Polish government and its MEPs are isolated,” says Slovak MEP Michal Šimečka. He emphasises, however, that the ultimate fate of Polish democracy rests in the hands of Polish voters.

“I fully subscribe to the conclusion of the urgent opinion of the Venice Commission of 16 January 2020, that these amendments diminish judicial independence,” writes the President of the Group of States Against Corruption (GRECO) at the Council of Europe. Marin Mrčela appeals for revision of the “muzzle law.”

On 23 January, a panel composed of three chambers of the Supreme Court will decide whether judges nominated by the new, politicized National Council of the Judiciary should be allowed to adjudicate. The “legacy” justices of the Supreme Court in the Civil, Criminal, and Labour Law chambers were asked by First President of the Supreme Court Małgorzata Gersdorf to rule on the issue. Their resolution will be binding on the Supreme Court.