The European Association of Judges (EAJ) supports the idea that Poland’s National Council of the Judiciary should be removed from the European Network of Councils for the Judiciary (ENCJ). “For several years I have been speaking loudly about the dangerous path onto which Poland’s rulers have gone. Their aim is to destroy the separation of powers,” said the president of the European association in January

New acting first president of the Supreme Court judge Kamil Zaradkiewicz asks the Supreme Court’s judges to refrain from public activity, in particular in the media

Dozens of EU and constitutional law professors and associations of judges and prosecutors urge the European Commission to act and to prevent irreversible changes that will de facto exclude Poland from the circle of European legal culture and western democracy

The National Prosecutor Bogdan Święczkowski, one of the Minister of Justice/ the Prosecutor General Zbigniew Ziobro’s closest associates, has demanded clarification from the First President of the Supreme Court, Małgorzata Gersdorf. He wants to know why she suspended the Disciplinary Chamber’s power of adjudication. Święczkowski’s letter sets a dangerous and unprecedented precedent that can be seen as an attempt at intimidation or to bring criminal charges.

The Constitutional Tribunal, by a decision of its full bench, ruled that the resolution of the three combined chambers of the Supreme Court is incompatible with the constitution and international law. According to Professor and CJEU Judge Marek Safjan, this ruling by the Constitutional Tribunal is “highly disturbing” and can even threaten Poland’s membership in the European Union.

Voting entirely by post can breach the constitutional principle of the universality of the elections. The campaign being conducted does not respect the principle of equal opportunities for the candidates, while the citizens are not receiving even a minimal amount of knowledge about the elections. Held in this way, they cannot be consistent with international standards.

The former chairperson of the State Electoral Commission (PKW), Professor Andrzej Zoll fiercely criticised the aim of the ruling camp to hold the presidential elections by post. He stated that the PKW should tender its resignation, while the situation today is worse than during the times of the People’s Republic of Poland.

“Once again, the Constitutional Tribunal has attempted to frustrate the implementation of the CJEU judgment of 19 November 2019.”, stated the case directly judge Piotr Pszczółkowski who issued a dissenting opinion.

Law and Justice party has just excluded a key institution from the process of preparing the elections: the National Electoral Commission. Former Chairperson of the Commission Judge Hermeliński: such a change in the electoral laws and procedures is in breach of Article 2 of the Constitution.

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.