President Andrzej Duda has issued a regulation silencing the old judges of the Supreme Court and restricting their initiative.  In exchange, it strengthens the position of President Manowska and the new judges. It also sanctions the principle of non-disclosure of cases in the Supreme Court. 

In response to a request to remove an unlawful judge from a bench, the Constitutional Tribunal decided that the judgment of the European Court of Human Rights concerning the Tribunal’s composition is of no legal significance.

The new NCJ, which is supposed to defend the independence of the courts, has itself attacked the court in Bydgoszcz for reinstating Judge Paweł Juszczyszyn. It has also attacked the judge’s lawyer, who is demanding that the First President of the Supreme Court enforce the ruling in Juszczyszyn’s case.

Independent Judge Piotr Gąciarek from Warsaw has been removed from adjudicating in important criminal cases. He will be assigned to a quieter division in the court. This is a demotion for him and a punishment for his bold speech in court in defence of the free courts. Ziobro’s disciplinary commissioner is also taking an interest in Gąciarek

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

Minister of Education Przemysław Czarnek commented on curriculum in Polish schools. During history lessons, pupils will hear about all the events that “are of exceptional importance to the fate of the Polish State”. One such topic is the alleged “evolution of the European Union from an entity that was based on the rule of law to an entity that is not based on the rule of law”. “Education of pride” is to replace “education of shame”.

We obtained the latest statement of Michał Romanowski and Katarzyna Zarzycka, judge Juszczyszyn counsels, regarding further interim measure halting the binding force of the decision to suspend the judge in his official duties.

This is a precedent-setting and sensational judgment. For the first time, a Polish court has directly challenged a decision of the illegal Disciplinary Chamber. The judgment of the court in Olsztyn is immediately enforceable, which means that Pawel Juszczyszyn can return to work in court.

In precedent-setting judgments, the Supreme Administrative Court undermined the validity of the selection of the new Supreme Court judges. It ruled that the recruitment to the Supreme Court was defective from the outset, while the new NCJ, which gave the nominations, was dependent on the politicians. The Supreme Administrative Court’s judgments have now opened the door to declaring the new Supreme Court judges illegal.

We obtained a letter sent to the Vice President of the European Commission, Věra Jourová, by counsels of judge Paweł Juszczyszyn and Igor Tuleya.