Posts in the category
Faced with Doubts over Body’s Legality, Judiciary Council President Remains Unrepentant
During his report to the Parliament, the president of the neo-KRS declared that the members of the Council would not leave their posts even in the event the CJEU rules against them. Only the Polish authorities can force them out.
Why did the Polish deputy minister of justice resign? Everything you need to know about the ‘Piebiak scandal’
A deputy minister of justice resigns. His devoted helper dismissed from his job at the ministry. Judge of the Disciplinary Chamber of the Supreme Court and employees of the neo-NCJ summoned to give explanations. Alerted prosecution office and disciplinary commissioners. The Piebiak scandal, which was the ‘PiS caste’ scandal as early as on Thursday, is spreading ever wider. The government is playing it down, but the opinion polls have moved
Zajadło: The PiS state lies beyond the cultural border of Europe: seven cardinal sins.
Jerzy Zajadło writes: The situation is exceptionally grave – Law and Justice has aimed almost its entire arsenal at the justice system, but now has unsheathed one more weapon: administrative review of the substance of judicial verdicts. Professor and philosopher of law Jerzy Zajadło discusses the general context of the Polish Parliament’s refusal to carry out a verdict of the Supreme Administrative Court.
The Obsession with Timmermans. “Anti-Polish”, “a tremendous saboteur”, “the European gendarme “
Poland, arm in arm with Hungary, the Czech Republic and Italy, countries ruled by populists, blocked Frans Timmermans’s candidacy for head of the European Commission for the simple reason that, as the former Commissioner for the Rule of Law, he did his job. Over the last three years, the narrative of the Law and Justice party has portrayed him as a dark figure oppressing Poles in the name of “left-wing ideology” and his own career.
The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland
On 15 June 2019 the Polish Ministry of Justice announced on its website that the Ministry would sue a group of lawyers from the Cracow Institute of Criminal Law, who criticized draft amendments to the Criminal Code. The Ministry of Justice argued that the opinion contained lies about the amended rules concerning liability for corruption conducted by managers of public companies. The experts strongly rejected the Ministry’s allegations. On Monday afternoon the Minister of Justice announced that the lawsuit is “no longer needed” and that the Ministry withdrew their idea. The case of “48-hours-lasting lawsuit” touches upon two fundamental issues: academic freedom and the quality of the legislative process.
New retirement rules for Polish judges contravene EU law – according to Advocate General
In a long-awaited opinion addressing an element of the so-called reform of the judiciary in Poland, the Court of Justice Advocate General Tanchev states that “by lowering the age of retirement of judges of the common law courts, and by vesting the Minister of Justice with the discretion to extend the active period of such judges, Poland has breached its obligations under EU law”.
Commission v Poland – has the revolution already happened?
The CJEU will soon announce its ruling in a controversial case brought by the Commission against Poland. Barbara Grabowska-Moroz provides background and analysis of the impact of the proceedings and the Court of Justice’s potential ruling on efforts to stop the backslide of the rule of law in Poland and around Europe.
Prosecutor disciplined for participation in demonstration in defence of Supreme Court wins with National Prosecutor’s Office
Prosecutor Piotr Wójtowicz from Legnica will not be formally disciplined for his appearance at a protest in defence of the Supreme Court. On Tuesday, the disciplinary court for prosecutors rejected the appeal of National Prosecutor Bogdan Święczkowski, who was seeking to punish Wójtowicz.
Not only free courts, but also speedy and friendly. The Congress of Lawyers has a plan. What about Ziobro?
Depoliticization of the National Council of the Judiciary, depriving the Minister of Justice of oversight with respect to courts and the prosecutorial service, speeding up cases in commercial and administrative courts, lowering court fees for citizens and elimination of the Supreme Court’s Disciplinary Chamber. These are the most important proposed changes in the law presented at the 2nd Congress of Polish Lawyers.