Posts in the category
The Disciplinary System of Judges Under the Control of the Minister of Justice
Through the Act of 8 December 2017 on the Supreme Court, drafted by the President of the Republic of Poland Andrzej Duda, the Law and Justice party has made radical changes in the system of judges’ disciplinary responsibility
Polish Ombudsman at the Public Hearing on the situation of Poland’s rule of law
On 19–21 September 2018, a delegation of the LIBE Committee of the European Parliament visited Warsaw to examine the rule of law in Poland. In follow-up to that mission, LIBE Coordinators held a public hearing with external experts and stakeholders during the Committee meeting of 20 November 2018 in Brussels. Adam Bodnar took part in the public hearing. He spoke about judicial reforms in Poland and the threats to the rule of law
Judges ask Commission to intervene in disciplinary proceedings. Only CJEU can stop repressions
Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018
From Constitutional to Political Justice: The Tragic Trajectories of the Polish Constitutional Court
The Polish Constitutional Court, once a proud institution and an effective check on the will of the majority, is now a shell of its former self
Disciplinary proceedings against judges and prosecutors
Since 2015, Poland has been facing an ongoing constitutional crisis which affects the work and position of the judiciary. The numerous legal changes concerning the work of the courts (from top-rank courts such as the Constitutional Tribunal and the Supreme Court to common courts) as well as prosecution were accompanied by smear campaigns and attacks against judges and certain prosecutors.
The rule of law in Poland Actions by EU institutions and unaddressed recommendations of the European Commission
Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.
Violations of the rule of law principles in Poland despite recent amendments
The Supreme Court has not been the sole judicial institution under attack by the ruling majority. Since November 2015 the PiS has been increasing political control over other key bodies of the system, including the Constitutional Tribunal, the prosecution, the National Council of Judiciary, and ordinary courts.
New legislation on Supreme Court published – PiS officially gives up
The new Supreme Court Act came into effect on 1 January – the Supreme Court judges previously forced to retire are coming back to work. PiS ultimately gave up despite stalling for time until the last moment. Yet the fight for the rule of law continues, and Brussels has no plans to quit. In 2019, the Court of Justice will rule on the politicisation of the National Council of the Judiciary (KRS)
Polish government demands the end of political discussions with the EU over rule of law
Reporting to the European Commission on the implementation of its recommendations regarding rule of law, the Law and Justice government is demanding the end of the procedure implemented under Article 7 of the Treaty on the EU. In the report, the government makes unsubstantiated claims that the changes into judiciary are addressing ‘high public expectations’
Polish Constitutional Tribunal did not yet legalize National Council of Judiciary [explainer]
The expected ruling of the Constitutional Tribunal would confirm that the current Polish National Council of Judiciary (KRS), suspended from the European Networks of Councils of Judiciary in September 2018, is legal and capable of guaranteeing independence of judiciary, which critics claim it is not