The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.
Authorities want to waive judge Igor Tuleya’s immunity and press criminal charges against him. He would be the first judge to be punished under the infamous muzzle law passed despite domestic and international outcry. Now academics in Poland salute brave judge and express their solidarity with his firm stance in defense of rule of law in Poland
“Justice under pressure – repressions as a means of attempting to take control over the judiciary and the prosecution in Poland in 2015-2019” report was prepared by the Association of Polish Judges “Iustitia” and association of prosecutors “Lex Super Omnia”
The “Muzzle Act” takes effect 14 February. Public opinion is focused on the Disciplinary Chamber, but it is the Extraordinary Control and Public Affairs Chamber that will serve to smother oversight of judges recommended by the new National Council of the Judiciary. This chamber will accept all relevant motions and simply leave them unexamined. In addition, any resolutions it passes will be binding on the entire Supreme Court.
Twenty-two former members of the Constitutional Tribunal, including eight retired presidents and vice-presidents, say the court has ceased to perform its constitutional tasks and duties. They note the pending spurious dispute on the Supreme Court resolution, and particularly the participation of two former MPs in the bench, that compromise the court’s independence.
Independent media are a vital element of liberal democracy. Zselyke Csaky explains changes in the Hungarian legal and media market landscape and how media in other countries can learn to be more resilient against government pressure.
Polish President Andrzej Duda’s recent remarks on judges have provoked a fierce response. “The suggestion that judges are irresponsible and ‘should be eliminated’ because otherwise ‘Poland will never be a normal country’ is an example of hate speech, which can lead to violence directed against individual judges,” writes Iustitia, the largest association of judges in Poland.
Poland’s Supreme Court has adopted a resolution on the legality of judicial appointments made by the reconstituted National Council of the Judiciary and on rulings by the new Disciplinary Chamber. What follows is a translation of that ruling into English.