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.

We obtained a letter sent to the Vice President of the European Commission, Věra Jourová, by counsels of judge Paweł Juszczyszyn and Igor Tuleya.

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 

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).

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.

“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.”

A government spokesperson declared that Prime Minister Mateusz Morawiecki filed a request today with the Constitutional Tribunal regarding the superiority of Polish constitutional law over EU law.

Download PDF (English, Polish)     28 March 2021     Ursula von der Leyen President of the European Commission     Věra Jourová Vice-President of the European Commission     Didier Reynders Member of the European Commission     Dear President, Dear Vice-President, Dear Commissioner,     Further to the letter of December 2020, […]

Poland of 2020 openly undermined the present concept of human rights protection on an unprecedented scale. The same year saw an awakening of social awareness and mass mobilization in defense of human rights. What will come next?

The National Prosecutor’s Office is about to ambush the old, legal Supreme Court. It has demanded that the Criminal Chamber hand over the files of 25 cases because it is conducting a political investigation of the Supreme Court. The chairman of the Criminal Chamber, Michał Laskowski, a dozen or so judges from that Chamber and even former Supreme Court President Gersdorf would be threatened with criminal charges.