Posts in the category
On the prosecutor general’s motion to the Constitutional Tribunal regarding the European Convention (case K 7/21)
Just like the Prime Minister’s motion and the Constitutional Tribunal’s judgment of 7 October, the prosecutor general’s motion in case K 7/21 contains criticism of the European Court of Human Rights acts, that are nowhere to be found in the courts’ case law.
Małgorzata Manowska blocks the implementation of an important CJEU judgment
Step by step, the neo-judges are taking control over the old, legal Supreme Court. The First President of the Supreme Court, Małgorzata Manowska, has just dismissed all the heads of division in the Civil Chamber. Manowska is also blocking the implementation of a CJEU ruling regarding the legality of the Supreme Court’s neo-judges
Judge Żurek: the authorities will try to bribe and intimidate the judges. But this won’t work
‘The authorities will try to use the carrot-and-stick method: a stick for those judges who are fighting for the rule of law, and a carrot for those they try to persuade over to them,’ believes Judge Waldemar Żurek. We discuss scenarios of further changes in courts and judges’ reactions to them
25 retired judges of the Constitutional Tribunal appeal to PM Morawiecki to withdraw his motion in K 3/21 case
‘Concerns are increasingly being voiced that our country has reached a critical point in its recent history, and that it is up to the Constitutional Tribunal, among others, to ensure that the path of development chosen in 1989, based on the principle of a democratic state of law and integration with Western Europe, is not interrupted.’ – a statement by 25 retired judges of the Constitutional Tribunal
Constitutional Tribunal ruled: CJEU interim orders do not apply in Poland
The Constitutional Tribunal presided over by former PiS MP Stanisław Piotrowicz ruled that the CJEU’s interim orders on the structure of courts in Poland are inconsistent with the Polish constitution. During the hearing, the CJEU suspended the Disciplinary Chamber of the Supreme Court with such a ruling.
Judge Biernat: Prime Minister’s motion to the Constitutional Tribunal creates a false conflict between EU law and the Constitution
The Constitutional Tribunal will consider Prime Minister Mateusz Morawiecki’s motion to examine the constitutionality of the provisions of the EU Treaty on 13 July. ‘The applicant is acting in bad faith and creating a false conflict between EU law and the Constitution,’ explains Professor Stanisław Biernat. This is an interpretation of international law like that from imperial states, from Russia,’ considers Professor Jerzy Kranz.
Defending the EU against “grand corruption”. Rule of law conditionality mechanism and Poland
Why the existing EU instruments have been unable to prevent the “grand corruption”? Why the risk increases significantly with the launch of the Recovery Fund? Piotr Bogdanowicz and Piotr Buras argue that
the prompt use of the rule of law conditionality mechanism is a necessary measure as the EU defends
itself against the exacerbation of “grand corruption” and “authoritarian equilibrium”
that threaten the future of the EU.
PM action to review constitutionality of EU Treaty now in English
We obtained an English translation of the Prime Minister Morawiecki application for constitutional review of the Treaty on the European Union dated 29 March 2021
Solidarity counts the most. Human rights after Adam Bodnar
Poland of 2020 openly undermined the present concept of human rights protection on an unprecedented scale. The same year saw an awakening of social awareness and mass mobilization in defense of human rights. What will come next?
The Constitutional Tribunal has gone on holiday. In 2019, it handed down the fewest judgements in 20 years
The statistics on the work of the Constitutional Tribunal in 2019 give a picture of the Tribunal’s work in its third year under the presidency of judge Julia Przyłębska. The results are not impressive