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Łętowska: A wise, forward-looking resolution by the Supreme Court
The Supreme Court’s resolution avoids the competence dispute that political decisions sought to force it into. In its resolution of 23 January, it explained what an independent court is. It also told judges to be careful when ruling, for them to be sure they and their colleagues are all above board.
Legal expert rebukes Polish President for ignorance and bad faith
Respect for the rule of law is one of the key conditions for EU membership. No country can join or remain in the EU without an independent judiciary.
Polish President doing his best to attack every judge and lawyer in Europe
“I feel ashamed when I see that the First President of the Supreme Court can say such things about Poland. Ashamed that someone like that was ever appointed to that office. Thankfully, this will soon change.” This is how Polish President Andrzej Duda referred on government-controlled TVP to the First President of the Supreme Court, professor Małgorzata Gersdorf
Common Position on the Judgment in Joined Cases A.K. and Others (C-585/18, C-624/18 and C-625/18)
Following the delivery of the judgment of the Court of Justice of the European Union in Luxembourg on the National Council of the Judiciary and the Disciplinary Chamber, we emphasise that all authorities of the Republic of Poland are obliged to fully execute the said judgment.
EU Court of Justice poised to draw line in sand over judicial independence in Poland
Poland’s Deputy Commissioner for Human Rights, Maciej Taborowski, explains the significance of prejudicial questions submitted by Polish courts. On Tuesday 19 November, the CJEU will issue a crucial ruling determining the status of the Disciplinary Chamber of the Supreme Court and the neo-National Council of the Judiciary.
Kaczyński above the law. The delicate work of keeping him away from questioning and out of court
The public prosecutor’s office has refused to initiate an investigation into the fraud allegedly perpetrated by Kaczynski against Birgfellner. The prosecutor took 259 days, although it should have been 30 by law, questioning the businessman over and over again, and slapping fines on him. What took so long? Because on 5 October, regulations making it possible to seek justice were changed, and on 13 October elections were held.
Disappointment and the Polish Parliamentary Elections
Even the winners of yesterday’s parliamentary elections in Poland can feel (at least somewhat) like losers. There are many possible scenarios for how events will unfold, and underlying tensions threaten to wreak havoc among the main parties. While there are many reasons for all parties to be satisfied, there are also many reasons why they may look to the upcoming Sejm with trepidation rather than excitement.
Balicki: The worst Sejm in three decades has destroyed Polish parliamentarism
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.
Informal exercise of power – a comfortable way to undermine democracy in Hungary
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.
Kaczyński details PiS plans for “vetting” Polish judges after Sunday’s election
The head of the ruling Law and Justice party (PiS) has stated that the ruling party will complete its “reform” of the justice system, overcoming what he calls “the last barrier”. Kaczyński invokes the Polish constitution, which provides mechanisms for the reorganization of the courts. In practice, this will mean a vetting of all judges in the country and the removal of those who fail to toe the line.