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PiS Threatens to Take Over Courts, Liquidate Supreme Court, and Challenge CJEU
PiS is not hiding the fact that it wants to destroy the independent courts in Poland. It is admitting this in its election programme. It is promising the liquidation of the current courts and the establishment of new ones with ‘its own’ judges. Independent judges will be removed or retired
Kaczyński announces the takeover of the courts after the elections. He threatens: ‘No one will stop us’
The Law and Justice (PiS) party chairman promised a final crackdown on the courts at an election rally. In practice, this will mean liquidating the current courts, removing independent judges from them and appointing ‘their own.’ If PiS wins the elections and does this, it will result in a major clash with the EU.
PiS will not remove Judge Raczkowski in silence. An application will be filed with the European Commission and the ECtHR.
MPs from the ruling coalition have enacted a special provision intended to remove one judge from the profession. This applies to the former deputy head of the legal NCJ, Piotr Raczkowski. The community of judges announces his defence, because the provision is in breach of the Constitution and European law
Lex Tusk is violating EU law, the European Commission has to intervene [analysis]
The commission investigating Russian influence, seen as a tool against Donald Tusk and the ‘enemies’ of PiS, could result in the blocking of EU funds for Poland.
How independent judges are harassed in PiS’s and Ziobro’s Poland [Osiatyński’s Archive’s analysis]
The system of repression of judges defending the rule of law has been changing over the years. What measures are used today to intimidate defenders of the rule of law? Osiatyński Archive’s special analysis
Illegal National Council for Judiciary closes off the takeover of the Supreme Court. Landing of neo-judges in the Civil Chamber
The neo-NCJ has started to choose more neo-judges for the Supreme Court. It could nominate as many as 12. The candidates are judges who were already promoted under the current government as well as an assistant to Elzbieta Karska, the wife of PiS MEP Karol Karski. Voting will be held on 18 May.
Ziobro’s ‘enforcers’ are after Judges Głowacka and Barańska for applying EU law
Disciplinary cases are pending for Judges Anna Głowacka and Edyta Barańska from Kraków for implementing ECtHR and CJEU judgments. They are being prosecuted by Zbigniew Ziobro’s people – Piotr Schab and Przemysław Radzik. Similarly, the latter are deliberately breaching the CJEU’s ruling
Judge Maczuga from Kraków is being prosecuted for applying EU law
The prosecutor of independent judges, Przemysław Radzik, is threatening Judge Wojciech Maczuga with disciplinary action for applying European law. Radzik’s action is a further attack on the shaky compromise between PiS and the European Commission over billions from the NRRP
Judge Maciej Ferek returns to adjudication, the new Chamber of the Supreme Court has lifted his suspension. This was the last judge who had been suspended
The new chamber of the Supreme Court acknowledged that Judge Ferek from Kraków could not be suspended for judgments in which he applied European law. The decision was made in an atmosphere of scandal, by a defective bench. Now the PiS government can say that it has fulfilled one of the conditions for unblocking funds for the NRRP. The judge could have adjudicated on several hundred cases during his period of suspension
The illegal NCJ is setting up the Supreme Court. There will be even more neo-judges in the legal Labour Chamber
The neo-National Council is not slowing down in staffing the Supreme Court with defective neo-judges. It may now appoint Sakiewicz, a lawyer of the media, or an adviser to a PiS voivod, to the most important court in Poland. There are also plans of a landing of neo-judges in the legal Civil Chamber