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Warsaw judge asks the EU Court of Justice whether the powers of the Polish Minister of Justice are compatible with EU law
Anna Bator-Ciesielska, a justice of the District Court in Warsaw, has distinguished herself as another brave Polish judge. Judge Bator-Ciesielska referred questions to the EU Court of Justice for a preliminary ruling on the powers of the Minister of Justice and on the status of the new National Council of the Judiciary, the majority of whose members are now elected by politicians rather than by judges, as the Constitution dictates. The filing also asks whether rulings issued by the Supreme Court will be valid under European law if a representative of the new NCJ is involved in the process of assigning cases to the Supreme Court.
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
President Andrzej Duda’s attack on Polish constitutional court
On 3 July, the President of Poland Andrzej Duda visited Lwówek Śląski and gave a speech in which he criticized the activity of the Constitutional Tribunal, whose ruling from 2014 recognized the conformity of a gradual increase in the retirement age with the Polish Constitution.
This judge may blow up the new disciplinary regime. The ECJ may help
For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.
A Polish judge describes her experiences of harassment
Dorota Zabłudowska, a judge at the Gdańsk District Court, has penned an article for Euronews describing how her efforts in defence of an independent judiciary and the rule of law have led to harassment by officials of the ruling Law and Justice party.
Helsinki Foundation releases report detailing how Polish judges are impacted by judicial system changes
The Helsinki Foundation for Human Rights has released its report titled “The Time of Trial”, based on interviews with judges in Poland who explain how changes by the Law and Justice-led government have impacted them in their work.
Slovakian president appeals for observance of rule of law in Visegrad Group and queries Poland’s president on changes to justice system
During an official visit to Budapest and Warsaw, Slovak President Zuzana Čaputová reminded the Central European leaders that the rule of law was one of the fundamental values of the Visegrad Group. She called for an end to the violation of the rule of law, which weakens the position of the eastern Member States in the EU. She also asked Poland’s president asked about the status of the Disciplinary Chamber of the Supreme Court.
European Commission presents proposals for strengthening rule of law – Poland’s government reacts
The European Commission has initiated the second stage of proceedings concerning the new disciplinary system for judges in Poland. On the same day, the Commission announced a new packet of measures for the rule of law. The Commission wants to prevent and respond more effectively to infringements of Treaty values in Member States and plans to support NGOs in promoting a rule of law culture. The Polish government is taking a dim view of most of the proposed solutions.
Forced transfer as harassment and “disciplinary measure”
The forced transfer of acclaimed prosecutor Mariusz Krasoń from the Regional Prosecutor’s Office in Cracow to a lower-ranked office in Wroclaw has generated controversy among prosecutors and other legal professionals in Poland. The decision was issued after the prosecutor Krasoń participated in the drafting of a document highlighting defects in the current system earlier this year. A number of organizations and individuals, including the Polish Commissioner for Human Rights, have expressed their support for prosecutor Krasoń and criticized the decision of the National Prosecutor, Bogdan Święczkowski.
Judges across Poland refusing to work with the neo-KRS. Łętowska: “It’s not a boycott, but a precaution”
The assemblies of judges of all appellate courts in Poland have no intention of issuing opinions on candidates for judicial posts. They are refusing to cooperate with the new KRS, because the EU Court of Justice will soon rule whether it was established in accordance with EU law. “We have heard the negative opinion of the Advocate General. Common sense dictates that we avoid deepening the legal chaos,” comments Ewa Łętowska