Posts in the category
CJEU: the Muzzle Act is incompatible with Union law. Billions for the NRRP are moving away
The Court of Justice of the EU accepted all of the European Commission’s allegations and held that the Muzzle Act that tightens the disciplinary system for judges is incompatible with EU law. And that not only the Chamber of Control of the Supreme Court is to have the right to perform ‘independence tests’
The ECtHR dismissed the applications of the Polish women regarding the restriction of the right to an abortion. What was it guided by? [ANALYSIS]
The European Court of Human Rights dismissed the applications of the Polish women regarding the restriction of access to a legal abortion after the judgment of Julia Przyłębska’s Tribunal. We explain why and how the Polish anti-abortion law can be challenged
The CJEU ruling on the Muzzle Act does not spoil the mood of the ruling party
According to Minister of Justice Zbigniew Ziobro, it is not Poland that is breaking the treaties but the European Commission. Minister for European Affairs Szymon Szynkowski vel Sęk is calm: the ruling largely applies to ‘outdated matters’. Besides, the minister ‘does not see them in the context of the dialogue with the EC on the NRRP’.
The authorities discourage active citizens in Poland with senseless lawsuits
The police are harassing people taking part in protests that are dangerous to the authorities. But for the time being, for example, demonstration in defence of the rights of those thrown out at the border into the forest posts little risk. Because public opinion is on the side of the ruling party. Things were different in the case of the women’s strike.
The PiS government will spend billions from the EU in secret. And the EU will let them do this
Mateusz Morawiecki’s government will not publicize who exactly will receive money from the EU Recovery Fund. EU regulations enable it to do this, as they do not prevent embezzlement. In Poland’s case, this applies to more than 164 billion zlotys
Judiciary in Poland: an ongoing decay of the rule of law
If you are a Polish judge and you intend to apply European standards on judicial independence, think twice. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. This is the situation in Poland, a European Union Member State, at the dawn of the 21st century.
Ominous coincidence of dates
The selectivity in complying with ECtHR judgments was dressed up to appear as the checking of the constitutionality of the provisions of an international convention. This is why the operative part of the judgment of the Constitutional Tribunal states that Article 6 of the ECHR is unconstitutional, which in itself is outrageous.
PiS wants to fight Putin, but save its own Putinism
PiS claims there are fewer attacks on the EU and Brussels, but this is only ostensible peace. The propaganda of the authorities targeted at the EU is sending the message: since there is a war, let us rule without restrictions.
If Brussels buys Duda’s offer, it will turn judges into fools and condemn Poland to a drift towards dictatorship
The European Commission is to decide whether to unfreeze billions for Poland from the EU’s Reconstruction Fund. It should not ‘buy’ President Duda’s or the Law and Justice party’s (PiS’s) offer. It needs to demand the full restoration of the rule of law. Otherwise, it will condemn the courts to ultimate destruction, reward ‘sly judges’ and antagonise the judicial community.
PiS wants to leave the illegal Disciplinary Chamber intact. It has submitted a bill countering President Duda
A group of PiS MPs have submitted a bill to the Sejm which they claim will implement the CJEU ruling and unlock billions of euros for Poland. However, PiS does not want to liquidate the Disciplinary Chamber, but only take away its disciplinary cases regarding judges. PiS’s bill strikes at Duda’s initiative.