Posts in the category
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.
“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.
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
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.
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.
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.
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.
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.
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.
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.”