On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).
The Prime Minister’s petition to the Constitutional Tribunal is supposed to legalize the changes in the courts. ‘This is PolExit from the EU legal order’, deputy Commissioner for Human Rights Dr. Hab. Maciej Taborowski warns.
National Prosecutor Bogdan Święczkowski has demanded that the Supreme Court hand over the files of cases heard by the Criminal Chamber. They are needed by the prosecutors from the internal affairs department of the National Prosecutor’s Office. This is a special unit that was supposed to combat pathologies in the judiciary, and has recently been involved in prosecuting judges
The National Prosecutor’s Office has requested that three ‘old’ judges of the Criminal Chamber of the Supreme Court be stripped of their immunity. They are to answer for the negligence of Supreme Court employees.
Minister of Justice Zbigniew Ziobro declared that he does not recognise the justification of the CJEU ordering the “disregard of the order of national law”. The Court of Justice of the European Union today assessed Andrzej Duda’s disregard of the measure issued by the Supreme Administrative Court in the autumn of 2018, which prohibited the appointment of new Supreme Court judges.