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Supreme Court strikes at illegitimate judicial bodies

From now on, it will be possible to invoke recent rulings by the EU Court of Justice and the Polish Supreme Court as a means of undermining judges appointed by the new National Council of the Judiciary. It is highly likely we will see competing and contradictory verdicts and resolutions being handed down by courts, including the various chambers of the Supreme Court. “This needs to be dealt with via legislation,” says Michał Laskowski, Spokesman for the Supreme Court.

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Polish judge persecuted for implementing Court of Justice verdict

Judge Paweł Juszczyszyn, an advocate of judicial independence, is being targeted by appointees of Justice Minister Zbigniew Ziobro for implementing a CJEU ruling that the PiS-led government disagrees with. Judges and ordinary citizens around Poland have come out to protest in his defence.

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NGOs and academics urge von der Leyen to block disciplinary measures with ECJ help [open letter]

Open Letter to the President of the European Commission regarding Poland’s disciplinary regime for judges and the urgent need for interim measures in Commission v Poland (C-791/19)

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Oral justification of the Supreme Court judgment in connection with the CJEU ruling regarding the Disciplinary Chamber and the National Council of the Judiciary

Thanks to the Association of Judges “Themis”, we publish the translation of oral justification of the Supreme Court judgment of 5 December 2019 in case in which it requested the Court of Justice for preliminary ruling of 19 November 2019

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Polish president lashes out at CJEU judgement

“I hope that nobody will dare to further strike at the justice system,” said Andrzej Duda. Who did he have in mind? The judges of the Supreme Court. He accused them of links with the communist regime, corruption and deliberately misleading the EU Court of Justice. “They were masters of life and death,” shouted the president. No PiS politician had the chutzpah to react like that to the CJEU ruling.

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Despite CJEU verdict, Judiciary Council and Disciplinary Chamber not slowing down

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.

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Supreme Court President: government and parliament must intervene to avoid legal chaos

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.

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EU Court of Justice poised to draw line in sand over judicial independence in Poland

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.

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Defiant judges under fire for not following the party line

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.

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CJEU Yet Again Slams Judicial “Reforms” in Judge Retirement Age Verdict

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.

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rule of lawSupreme Courtdisciplinary proceedingsCourt of JusticeNational Council of the JudiciaryEuropean CommissionDisciplinary Chamberjudicial independenceConstitutional TribunaljudgesEuropean UnionMinister of JusticeAndrzej DudajudiciaryPresidentpreliminary rulingsProsecutor GeneralCJEUZbigniew Ziobro2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice Commissionprosecutorsdemocratic backslidingdecommunizationfreedom of assemblyLaw on the NCJrecommendationFirst President of the Supreme CourtAdam BodnarHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportdemocracyZiobroConstitutionfreedom of expressionprosecution11 January March in Warsawmuzzle lawpopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJulia PrzyłębskaJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18PM Mateusz Morawieckidefamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskiLaw and JusticejudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019European Association of JudgesNCJrepressive actCourt of Justice of the EUKoen Lenaerts