Why is the Decision of the Constitutional Tribunal such a Threat to the Rule of Law?
To understand why the 7 October 2021 decision of the Constitutional Tribunal is such a threat to the rule of law, it is necessary to review the arguments of the Polish government that prompted this decision, together with the arguments presented by the Commissioner for Human Rights in opposition that were rejected by the Tribunal. The conclusion from such a review is apparent – the goal of the current government is to free itself in reality from the constraints of EU law while formally remaining a Member State.
Committee of Legal Sciences of the Polish Academy of Sciences resolution on the Constitutional Tribunal’s ruling of 7 October
The Committee on Legal Sciences of the Polish Academy of Sciences: the ruling of the Constitutional Tribunal in case K 3/21 of October 7, 2021 is defective due to the faulty appointment of judges and aims to legalize unconstitutional changes introduced in the administration of justice after 2015 which are inconsistent with EU law and the European Convention
Statement of retired judges of the Constitutional Tribunal of 10 October 2021
“It is not true that the judgment of the Constitutional Tribunal of 7 October 2021 was issued in order to guarantee primacy of the Constitution over EU law, as such a position of the Constitution has been sufficiently established in the Tribunal’s judgments to date”
Appeal to end the humanitarian crisis on the Polish-Belarusian border
In keeping with the legacy of Marek Edelman, Jacek Kuroń, and Irena Sendler, and endeavoring to live according to their example, we cannot remain silent while people are dying at the Polish border.
Legal PolExit. Julia Przyłębska’s Constitutional Tribunal held that CJEU judgments are incompatible with the Constitution
The Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.
Kraków judges do not want to adjudicate with neo-judges. They immediately encountered reprisals
A dozen or so judges from Kraków issued a statement that they would not adjudicate with neo-judges. For that, the court president, a nominee of Minister Ziobro quickly reported them to the disciplinary commissioner. But more judges from Warsaw and Rzeszów are contesting the legality of the neo-judges.
Judge Piotr Gąciarek was suspended by Ziobro’s nominee for implementing EU law
Disciplinary commissioner Piotr Schab suspended judge Piotr Gąciarek for a month for a declaration made a few days earlier in which Gąciarek refused to adjudicate in a bench with a judge promoted by the new, political National Council of the Judiciary. Gąciarek is the second judge recently suspended for refusing to adjudicate with a neo-judge in the performance of the July judgment of the CJEU and the ECtHR.
Journalists at the border. The statement of Polish media
“We inform the authorities of the Republic of Poland and the public that we do not agree with the ban on journalists’ work in the border area. It means depriving us of the ability to fulfill the mission of our profession and depriving society of the constitutional right to information.” – write Polish media outlets
Ziobro breached the CJEU judgment and suspended Judge Synakiewicz for applying EU law
The Minister of Justice suspended Judge Adam Synakiewicz from Częstochowa for a month for challenging the status of neo-judges and implementing the judgments of the CJEU and ECtHR. Zbigniew Ziobro breached the CJEU judgment in this way, for which he may be criminally liable in the future
More than 800 journalists in defence of TVN: “The ruling party is raising its hand against media independence”
“We, journalists of the Polish media, protest against the actions of the United Right government striking at the independence of TVN. We will not allow the freedom of the media in our country to be destroyed and we call on the world’s public opinion to intervene. “
The government approved a Polish candidate to the office of judge of the CJEU
I wonder where Poland, the fifth largest country of the European Union, would have been today had it not been for these lousy eight years
Public media in the pre-election period: responsibilities and facts
Public money, party campaign
Unequal elections. How PiS is mixing public and party interests to remain in power