The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland
On 15 June 2019 the Polish Ministry of Justice announced on its website that the Ministry would sue a group of lawyers from the Cracow Institute of Criminal Law, who criticized draft amendments to the Criminal Code. The Ministry of Justice argued that the opinion contained lies about the amended rules concerning liability for corruption conducted by managers of public companies. The experts strongly rejected the Ministry’s allegations. On Monday afternoon the Minister of Justice announced that the lawsuit is “no longer needed” and that the Ministry withdrew their idea. The case of “48-hours-lasting lawsuit” touches upon two fundamental issues: academic freedom and the quality of the legislative process.
Attacks on CJEU Advocate General after his crushing assessment of PiS-led judicial “reforms”
The Minister of Justice feels that the opinion of the Advocate General of the EU Court of Justice Evgeni Tanchev is incompatible with EU law and constitutes a “defence of pathology in the Polish judiciary.” If the CJEU concurs with the Advocate General’s opinion, following the judgment Poland will have to select a new National Council of the Judiciary. Changes will also be necessary in other EU Member States.
PiS amendments to the Act on the Supreme Court in breach of EU law. “A symbolic, historical judgement”
“The Law on the Supreme Court was contrary to EU law”, ruled the Court of Justice on 24 June. According to the CJEU, the rules shorting judges’ term of office infringed the principle of their irremovability and judicial independence. The Court is in doubt about the real objectives of the PiS-led judiciary reform. More judgments will be issued shortly.
A report on the state of the rule of law in Europe
In June of this year, professor Laurent Pech of Middlesex University London and professor Dimitry Kochenov of University of Groningen issued a reflection paper on the current state of the rule of law in the European Union titled “Strengthening the Rule of Law Within the European Union: Diagnoses, Recommendations, and What to Avoid”.
Harassing the judiciary by transferring judges
Yet another judge has been transferred from his post by force. Łukasz Biliński, justice of the District Court in Warsaw, known for acquitting protesters who were involved in blocking nationalist demonstrations, has been removed from ruling on criminal cases and transferred to the family division of the court against his will.
Disciplinary regime under ECJ review: a dispute over admissibility
On Tuesday, 18 June 2019, the European Court of Justice considered two preliminary requests submitted by courts in Łódź and Warsaw. Both courts are concerned whether the new system of disciplinary proceedings against judges meets EU standards, particularly those enshrined in the principle of effective judicial protection. However, the hearing was mainly focused not on particular provisions of law questioned by the Polish courts, but on the admissibility of the questions these courts referred to the ECJ.
New retirement rules for Polish judges contravene EU law – according to Advocate General
In a long-awaited opinion addressing an element of the so-called reform of the judiciary in Poland, the Court of Justice Advocate General Tanchev states that “by lowering the age of retirement of judges of the common law courts, and by vesting the Minister of Justice with the discretion to extend the active period of such judges, Poland has breached its obligations under EU law”.
Commission v Poland – has the revolution already happened?
The CJEU will soon announce its ruling in a controversial case brought by the Commission against Poland. Barbara Grabowska-Moroz provides background and analysis of the impact of the proceedings and the Court of Justice’s potential ruling on efforts to stop the backslide of the rule of law in Poland and around Europe.
Prosecutor disciplined for participation in demonstration in defence of Supreme Court wins with National Prosecutor’s Office
Prosecutor Piotr Wójtowicz from Legnica will not be formally disciplined for his appearance at a protest in defence of the Supreme Court. On Tuesday, the disciplinary court for prosecutors rejected the appeal of National Prosecutor Bogdan Święczkowski, who was seeking to punish Wójtowicz.
Harassment campaign conducted against leader of independent prosecutors
Faced with Doubts over Body’s Legality, Judiciary Council President Remains Unrepentant
An interview with Judge Anna Bator-Ciesielska, who refuses to adjudicate with Radzik. “I’m not afraid. My oath is to the Republic.”
Warsaw judge asks the EU Court of Justice whether the powers of the Polish Minister of Justice are compatible with EU law
Ex-diplomats urge Trump to pressure Poland on rule of law