The Disciplinary Chamber of Poland’s Supreme Court has convicted Judge Alina Czubieniak for a verdict she issued. This represents the beginning of a new phase in repressions against judges in Poland. The National Council of the Judiciary has elected new judges to two chambers of the Supreme Court.

First President of the Supreme Court, Małgorzata Gersdorf, issued a statement imploring the Polish government and parliament to intervene in order to avoid an eruption of legal chaos in the wake of the 19 November judgment of the Court of Justice of the EU, issued in response to questions referred by the Labour Law and Social Security Chamber of the Supreme Court.

Poland’s Deputy Commissioner for Human Rights, Maciej Taborowski, explains the significance of prejudicial questions submitted by Polish courts. On Tuesday 19 November, the CJEU will issue a crucial ruling determining the status of the Disciplinary Chamber of the Supreme Court and the neo-National Council of the Judiciary.

Disciplinary officer Michał Lasota is prosecuting three judges from Gdańsk for a verdict they issued. This is yet another disciplinary case initiated against judges for performing their judicial duties. Disciplinary proceedings for verdicts not only serve to intimidate judges, but also violate their independence.

The Court of Justice of the European Union has ruled for a second time that a cornerstone of the PiS-led judicial “reforms” is incompatible with EU law. In its verdict of 5 November, the CJEU stated that the provisions of the Common Courts Act adopted in 2017, including those making the retirement ages for men and women different, infringed the prohibition on discrimination and violated the principle of effective judicial protection.

The Senate in opposition hands means the end of Law and Justice’s dreams of subordinating the Office of the Commissioner of Human Rights. Without the consent of senators, the new Commissioner will not take up the post in 2020 after Adam Bodnar’s current term ends. If the Senate rejects the candidates put forward by PiS, Bodnar may remain in the post of Commissioner longer. And continue to point out where PiS is breaking the law.

Even the winners of yesterday’s parliamentary elections in Poland can feel (at least somewhat) like losers. There are many possible scenarios for how events will unfold, and underlying tensions threaten to wreak havoc among the main parties. While there are many reasons for all parties to be satisfied, there are also many reasons why they may look to the upcoming Sejm with trepidation rather than excitement.

Viktor Orbán’s government is masterful at creating a feudal relationship of social dependence by employing informal means of coercion. And while informal means of coercion play a very important role in the regime aiming at consolidating his power, international observers are practically unable to address systemically and effectively.

The head of the ruling Law and Justice party (PiS) has stated that the ruling party will complete its “reform” of the justice system, overcoming what he calls “the last barrier”. Kaczyński invokes the Polish constitution, which provides mechanisms for the reorganization of the courts. In practice, this will mean a vetting of all judges in the country and the removal of those who fail to toe the line.

CJEU Advocate General Evgeni Tanchev confirmed that judges may pose preliminary questions to the Court of Justice concerning their independence in the context of the disciplinary system for judges in EU Member States.