Ryszard Balicki, a leading Polish constitutional scholar from the University of Wrocław, has passed judgement: the current Sejm whose term is now coming to a close, responsible for violations of established traditions and the Constitution as well, was a mute and essentially pointless Sejm. Who is responsible? In large part, the former Marshal of the Sejm, Marek Kuchciński.
Viktor Orbán’s government is masterful at creating a feudal relationship of social dependence by employing informal means of coercion. And while informal means of coercion play a very important role in the regime aiming at consolidating his power, international observers are practically unable to address systemically and effectively.
While the attention of many constitutional law scholars has been on the UK Government’s decision to prorogue Parliament and first judicial responses, the Polish Sejm’s plenary sitting has been unexpectedly suspended and postponed until after the general elections of 13 October 2019. The decision has a precedential nature. For the first time since the Polish Constitution entered into force, the ‘old’ Sejm is sitting while the ‘new’ Sejm will be waiting for an opening. Although this decision is formally compliant with the Polish Constitution, it is nonetheless undemocratic and raises some serious questions about the motivation behind this move.
CJEU Advocate General Evgeni Tanchev confirmed that judges may pose preliminary questions to the Court of Justice concerning their independence in the context of the disciplinary system for judges in EU Member States.
The report details the negative consequences of the changes in the prosecutorial service implemented by the Law and Justice government. It also reveals a number of pathological situations related mainly to personnel policy as the foundation of the so-called prosecutorial reform.
During his report to the Parliament, the president of the neo-KRS declared that the members of the Council would not leave their posts even in the event the CJEU rules against them. Only the Polish authorities can force them out.
Anna Bator-Ciesielska, a justice of the District Court in Warsaw, has distinguished herself as another brave Polish judge. Judge Bator-Ciesielska referred questions to the EU Court of Justice for a preliminary ruling on the powers of the Minister of Justice and on the status of the new National Council of the Judiciary, the majority of whose members are now elected by politicians rather than by judges, as the Constitution dictates. The filing also asks whether rulings issued by the Supreme Court will be valid under European law if a representative of the new NCJ is involved in the process of assigning cases to the Supreme Court.
In Poland, the process of flouting and bending our Constitution has been on the rise for several years. The division of powers is being dismantled and the independent judiciary is being destroyed. Human rights are curtailed – former ambassadors write to POTUS
Jerzy Zajadło writes: The situation is exceptionally grave – Law and Justice has aimed almost its entire arsenal at the justice system, but now has unsheathed one more weapon: administrative review of the substance of judicial verdicts. Professor and philosopher of law Jerzy Zajadło discusses the general context of the Polish Parliament’s refusal to carry out a verdict of the Supreme Administrative Court.