Constitutional cat-and-mouse continues with Tribunal ruling

The following is an English translation of the decision taken by Poland’s Constitutional Tribunal to suspend the Supreme Court resolution of 23 January.

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Łętowska: A wise, forward-looking resolution by the Supreme Court

The Supreme Court’s resolution avoids the competence dispute that political decisions sought to force it into. In its resolution of 23 January, it explained what an independent court is. It also told judges to be careful when ruling, for them to be sure they and their colleagues are all above board.

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Duda shocks with hate speech attack on Polish judges

Polish President Andrzej Duda’s recent remarks on judges have provoked a fierce response. “The suggestion that judges are irresponsible and ‘should be eliminated’ because otherwise ‘Poland will never be a normal country’ is an example of hate speech, which can lead to violence directed against individual judges,” writes Iustitia, the largest association of judges in Poland.

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Translation of Polish Supreme Court resolution on judicial appointments

Poland’s Supreme Court has adopted a resolution on the legality of judicial appointments made by the reconstituted National Council of the Judiciary and on rulings by the new Disciplinary Chamber. What follows is a translation of that ruling into English.

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An independent prosecutor is being harassed in the first disciplinary case resulting from the Thousand Robes March

A disciplinary officer for line prosecutors has initiated disciplinary proceedings against Katarzyna Gembalczyk, one of the leaders of the Lex Super Omnia prosecutors’ association, with a critical stance towards Minister of Justice and Prosecutor General Zbigniew Ziobro. The disciplinary officer is demanding an explanation for why she was dressed in her robe during the Thousand Robes March. “I was performing my duty to defend the rule of law.”

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Legal expert rebukes Polish President for ignorance and bad faith

Respect for the rule of law is one of the key conditions for EU membership. No country can join or remain in the EU without an independent judiciary.

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Venice Commission opinion on the “muzzle law”

“The amendments of December 2019 diminish judicial independence and put Polish judges into the impossible situation of having to face disciplinary proceedings for decisions required by the ECHR, the law of the European Union, and other international instruments.”

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Incredible official position of the Ministry of Justice regarding the opinion of the Venice Commission

We publish the translation of the opinion published on the Ministry of Justice website for consideration of Rule of Law in Poland readers. This is of course not endorsement.

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“We nominated them”. Did Minister Ziobro accidentally reveal who supported the judges to the NCJ?

“We nominated such judges who we believed were ready to work on the reforms of the judiciary,” said Zbigniew Ziobro in the Senate.

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Gersdorf makes her move. Three Supreme Court chambers to rule on dodgy judicial nominations

On 23 January, a panel composed of three chambers of the Supreme Court will decide whether judges nominated by the new, politicized National Council of the Judiciary should be allowed to adjudicate. The “legacy” justices of the Supreme Court in the Civil, Criminal, and Labour Law chambers were asked by First President of the Supreme Court Małgorzata Gersdorf to rule on the issue. Their resolution will be binding on the Supreme Court.

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