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Extraordinary Control and Public Affairs Chamber to euthanise the Supreme Court’s own resolution

The “Muzzle Act” takes effect 14 February. Public opinion is focused on the Disciplinary Chamber, but it is the Extraordinary Control and Public Affairs Chamber that will serve to smother oversight of judges recommended by the new National Council of the Judiciary. This chamber will accept all relevant motions and simply leave them unexamined. In addition, any resolutions it passes will be binding on the entire Supreme Court.

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“Constitutional Tribunal has virtually been abolished,” announce retired judges

Twenty-two former members of the Constitutional Tribunal, including eight retired presidents and vice-presidents, say the court has ceased to perform its constitutional tasks and duties. They note the pending spurious dispute on the Supreme Court resolution, and particularly the participation of two former MPs in the bench, that compromise the court’s independence.

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Translation of Supreme Court rulings applying ECJ judgment of 19 November 2019

Court of Justice holds that domestic courts are to review the independence of the new National Council of the Judiciary and the Disciplinary Chamber

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Disciplinary Chamber tries to shut Juszczyszyn up by suspending him and reducing his salary

The Disciplinary Chamber of the Supreme Court has suspended Paweł Juszczyszyn indefinitely for his attempt to review the legality of the new National Council of the Judiciary and the status of a judge that body appointed. The Disciplinary Chamber ruled that he had no right to do so. The judge’s defenders announced that he would show up for work because the Disciplinary Chamber’s decisions are illegal.

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Poland’s judges implementing Supreme Court resolution of their own accord

Judges from Kraków and Słupsk, as well as judges’ associations, want justices promoted by the new National Council of the Judiciary to refrain from hearing cases. In Łódź, one such judge decided on his own to stop adjudicating, and the court’s president has stopped assigning him new cases. This is a reaction to the historic resolution taken by the College of the Supreme Court.

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Constitutional cat-and-mouse continues with Tribunal ruling

The following is an English translation of the decision taken by Poland’s Constitutional Tribunal to suspend the Supreme Court resolution of 23 January.

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Łętowska: A wise, forward-looking resolution by the Supreme Court

The Supreme Court’s resolution avoids the competence dispute that political decisions sought to force it into. In its resolution of 23 January, it explained what an independent court is. It also told judges to be careful when ruling, for them to be sure they and their colleagues are all above board.

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Duda shocks with hate speech attack on Polish judges

Polish President Andrzej Duda’s recent remarks on judges have provoked a fierce response. “The suggestion that judges are irresponsible and ‘should be eliminated’ because otherwise ‘Poland will never be a normal country’ is an example of hate speech, which can lead to violence directed against individual judges,” writes Iustitia, the largest association of judges in Poland.

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Translation of Polish Supreme Court resolution on judicial appointments

Poland’s Supreme Court has adopted a resolution on the legality of judicial appointments made by the reconstituted National Council of the Judiciary and on rulings by the new Disciplinary Chamber. What follows is a translation of that ruling into English.

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An independent prosecutor is being harassed in the first disciplinary case resulting from the Thousand Robes March

A disciplinary officer for line prosecutors has initiated disciplinary proceedings against Katarzyna Gembalczyk, one of the leaders of the Lex Super Omnia prosecutors’ association, with a critical stance towards Minister of Justice and Prosecutor General Zbigniew Ziobro. The disciplinary officer is demanding an explanation for why she was dressed in her robe during the Thousand Robes March. “I was performing my duty to defend the rule of law.”

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Supreme Courtrule of lawdisciplinary proceedingsjudicial independenceEuropean CommissionDisciplinary ChamberjudgesNational Council of the JudiciaryPolandCourt of JusticeConstitutional TribunalAndrzej DudaZbigniew ZiobroCourt of Justice of the EUpresidential electionsEuropean Unionjudiciarydisciplinary systemelections 2020preliminary rulingsdemocracyCJEUMinister of JusticeJarosław KaczyńskiCommissioner for Human RightsFirst President of the Supreme CourtIgor TuleyaAdam Bodnarmuzzle lawCOVID-19OSCEdisciplinary commissionerPresidentProsecutor Generalprosecutorsfreedom of expressionLaw and Justiceelectionsacting first president of the Supreme CourtMay 10 2020 electionsEuropean Court of Human RightsWaldemar Żurek2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionConstitutionprosecutionNCJcriminal lawdisciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisPresident of PolandMałgorzata ManowskaJarosław GowinLGBTLGBT ideology free zonesSejmZuzanna Rudzińska-BluszczSylwia Gregorczyk-AbramEuropean Arrest Warrantdemocratic backslidingdecommunizationMateusz MorawieckiPrime Ministerfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz MorawieckiEuropean Association of Judges11 January March in WarsawHungaryNational ProsecutorcoronavirusPiSC-791/19Wojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandLGBT free zonesequalityChamber of Extraordinary Verificationhate crimeshate speechcriminal codeGrzęda v PolandXero Flor w Polsce Sp. z o.o. v. PolandBroda and Bojara v PolandŻurek v PolandSobczyńska and Others v PolandReczkowicz and Others v. PolandRafał Trzaskowskimedia independencemedia lawIustitiaKrystian MarkiewiczPrzemysła RadzikMichał LasotaSenateMarcin WarchołElżbieta KarskaMarcin RomanowskiJacek CzaputowiczPrzemysław Czarneklegislative practiceENAAmsterdam District CourtZbigniew BoniekdefamationcourtsKrzysztof ParchimowiczOmbudsmanBeata MorawiecKraśnikNorwayNorwegian fundsNorwegian Ministry of Foreign AffairsMichał WawrykiewiczFree CourtsC-487/19Article 6 ECHRArticle 10 ECHRpopulismequal treatmentfundamental rightspoliceCT PresidentJustice 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-619/18defamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019repressive actKoen LenaertsharrassmentAlina CzubieniakMinistry of JusticeJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote bill