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Kaczyński details PiS plans for “vetting” Polish judges after Sunday’s election
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.
AG Tanchev gives robust defence of judges’ right to turn to CJEU
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.
Harassment campaign conducted against leader of independent prosecutors
Krzysztof Parchimowicz, head of the Lex Super Omnia association of prosecutors, is the target of over a dozen different disciplinary proceedings. This is being done to exert a chilling effect on prosecutors who are critical of changes in the justice system that are being rammed through by the governing majority in Poland.
Faced with Doubts over Body’s Legality, Judiciary Council President Remains Unrepentant
During his report to the Parliament, the president of the neo-KRS declared that the members of the Council would not leave their posts even in the event the CJEU rules against them. Only the Polish authorities can force them out.
An interview with Judge Anna Bator-Ciesielska, who refuses to adjudicate with Radzik. “I’m not afraid. My oath is to the Republic.”
Judge Anna Bator-Ciesielska was the first justice in Poland to adjudicate with a judge whose name arose in conjunction with a smear campaign against independent judges. Bator-Ciesielska is already being prosecuted by the disciplinary spokesman, but in an interview with Mariusz Jałoszewski of OKO.press she says that judges must have a conscience, and that she is not afraid because judges cannot be afraid.
Warsaw judge asks the EU Court of Justice whether the powers of the Polish Minister of Justice are compatible with EU law
Anna Bator-Ciesielska, a justice of the District Court in Warsaw, has distinguished herself as another brave Polish judge. Judge Bator-Ciesielska referred questions to the EU Court of Justice for a preliminary ruling on the powers of the Minister of Justice and on the status of the new National Council of the Judiciary, the majority of whose members are now elected by politicians rather than by judges, as the Constitution dictates. The filing also asks whether rulings issued by the Supreme Court will be valid under European law if a representative of the new NCJ is involved in the process of assigning cases to the Supreme Court.
Why did the Polish deputy minister of justice resign? Everything you need to know about the ‘Piebiak scandal’
A deputy minister of justice resigns. His devoted helper dismissed from his job at the ministry. Judge of the Disciplinary Chamber of the Supreme Court and employees of the neo-NCJ summoned to give explanations. Alerted prosecution office and disciplinary commissioners. The Piebiak scandal, which was the ‘PiS caste’ scandal as early as on Thursday, is spreading ever wider. The government is playing it down, but the opinion polls have moved
President Andrzej Duda’s attack on Polish constitutional court
On 3 July, the President of Poland Andrzej Duda visited Lwówek Śląski and gave a speech in which he criticized the activity of the Constitutional Tribunal, whose ruling from 2014 recognized the conformity of a gradual increase in the retirement age with the Polish Constitution.
This judge may blow up the new disciplinary regime. The ECJ may help
For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.
A Polish judge describes her experiences of harassment
Dorota Zabłudowska, a judge at the Gdańsk District Court, has penned an article for Euronews describing how her efforts in defence of an independent judiciary and the rule of law have led to harassment by officials of the ruling Law and Justice party.