On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).

The Prime Minister’s petition to the Constitutional Tribunal is supposed to legalize the changes in the courts. ‘This is PolExit from the EU legal order’, deputy Commissioner for Human Rights Dr. Hab. Maciej Taborowski warns.

“It is not necessary to change the laws in order for politicians to gain full control over the Supreme Court.  It is sufficient that some of the judges who have been duly appointed be removed from adjudication by the Disciplinary Chamber at the request of the prosecution, which is subordinate to the politicians.”

A government spokesperson declared that Prime Minister Mateusz Morawiecki filed a request today with the Constitutional Tribunal regarding the superiority of Polish constitutional law over EU law.

The National Prosecutor’s Office is about to ambush the old, legal Supreme Court. It has demanded that the Criminal Chamber hand over the files of 25 cases because it is conducting a political investigation of the Supreme Court. The chairman of the Criminal Chamber, Michał Laskowski, a dozen or so judges from that Chamber and even former Supreme Court President Gersdorf would be threatened with criminal charges.

A statement in defense of judge Igor Tuleya signed by more than five hundred judges and addressed to public authorities in Poland

We obtained a statement of 65 active and former Supreme Court judges regarding requests to lift judicial immunity and the Disciplinary Chamber

The battle for the new, non-partisan Ombudsman has been ongoing in Poland for a few months now.

Is the new mechanism to protect the rule of law in the EU a revolutionary weapon or paper tiger?