PM action to review constitutionality of EU Treaty now in English
We obtained an English translation of the Prime Minister Morawiecki application for constitutional review of the Treaty on the European Union dated 29 March 2021
Education Minister wants to teach Polish pupils that the European Union is no longer based on the rule of law
Minister of Education Przemysław Czarnek commented on curriculum in Polish schools. During history lessons, pupils will hear about all the events that “are of exceptional importance to the fate of the Polish State”. One such topic is the alleged “evolution of the European Union from an entity that was based on the rule of law to an entity that is not based on the rule of law”. “Education of pride” is to replace “education of shame”.
Court suspends Disciplinary Chamber decision in judge Juszczyszyn case
We obtained the latest statement of Michał Romanowski and Katarzyna Zarzycka, judge Juszczyszyn counsels, regarding further interim measure halting the binding force of the decision to suspend the judge in his official duties.
Polish court challenges Disciplinary Chamber’s order. Judge Paweł Juszczyszyn can return to adjudicating
This is a precedent-setting and sensational judgment. For the first time, a Polish court has directly challenged a decision of the illegal Disciplinary Chamber. The judgment of the court in Olsztyn is immediately enforceable, which means that Pawel Juszczyszyn can return to work in court.
After the judgment of the Supreme Administrative Court. The nominations for the new Supreme Court judges, including President Manowska, are invalid
In precedent-setting judgments, the Supreme Administrative Court undermined the validity of the selection of the new Supreme Court judges. It ruled that the recruitment to the Supreme Court was defective from the outset, while the new NCJ, which gave the nominations, was dependent on the politicians. The Supreme Administrative Court’s judgments have now opened the door to declaring the new Supreme Court judges illegal.
Counsels of vocal judges urge EU official to take further actions to defend the rule of law
We obtained a letter sent to the Vice President of the European Commission, Věra Jourová, by counsels of judge Paweł Juszczyszyn and Igor Tuleya.
After Tuleya, the Disciplinary Chamber is taking on Prof. Wróbel from the Supreme Court
The illegal Disciplinary Chamber will decide as early as on 6 May whether to lift Professor Włodzimierz Wróbel’s immunity and allow him to be prosecuted, after he ran for the office of president of the Supreme Court. The decision will be made by former prosecutors associated with Ziobro and a supporter of the PiS government
Statement of retired Constitutional Tribunal judges of 27 April 2021
On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).
On the PM Morawiecki motion to the Constitutional Tribunal regarding EU Treaties conformity with the Polish Constitution (case K 3/21)
The Prime Minister’s petition to the Constitutional Tribunal is supposed to legalize the changes in the courts. ‘This is PolExit from the EU legal order’, deputy Commissioner for Human Rights Dr. Hab. Maciej Taborowski warns.
Why do politicians need to take over the Supreme Court? Judge Wróbel explains
“It is not necessary to change the laws in order for politicians to gain full control over the Supreme Court. It is sufficient that some of the judges who have been duly appointed be removed from adjudication by the Disciplinary Chamber at the request of the prosecution, which is subordinate to the politicians.”
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