New Supreme Court judges rule their appointments were proper; European Commission questions status of Disciplinary Chamber
The Disciplinary Chamber is populated entirely by justices selected since Law and Justice came to power. In a resolution of 10 April, they declared that the process by which they were appointed was entirely proper. The new members of the Supreme Court are rushing to “legalise themselves” in order to head off the “older” judges, who believe their new counterparts should not be allowed to rule. They were appointed in a faulty process and with the participation of a politicised KRS.
Rule of law in the EU beyond political divisions. Budgetary sanctions and a new programme for citizens
Rights and Values Programme (RVP) fill gaps in the EU’s instruments for protecting the rule of law. Member states must not to be tempted to trade this strategic issue for other, more immediate gains.
Judges demonstrating across Poland: “We won’t be intimidated”
Polish judges are again showing the government and the small number of collaborator judges that they will not be broken or be intimidated by disciplinary proceedings.
AG Tanchev suggests that Poland violated judicial independence
According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually follows its conclusions.
ECJ hears case on retirement of ordinary courts judges
Polish authorities demand that the European Commission withdraw its complaint since the contested provisions are no longer in force.
European Commission opens debate to strengthen the rule of law in the EU, mentions Polish case
The European Commission has launched a reflection process on the rule of law in the EU and setting out possible avenues for future action. It outlined three pillars which could contribute to further the effective enforcement of the rule of law in the Union: better promotion, early prevention and tailored reposnse
Ziobro ready to assume control of Polish judiciary
Through a reorganization of existing courts and the establishment of new ones, the Ministry of Justice will achieve total control over the entirety of the justice system. The reorganization will put all judges under a microscope and facilitate a far-ranging purge of the courts. There may not be enough places for independent-minded judges in the “new” courts, or perhaps they will be exiled someplace far away from their present posts.
Act on the National Council of the Judiciary before the Constitutional Tribunal
Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.
Three Steps Ahead, One Step Aside: The AG’s Opinion in the Commission v. Poland Case
The Court opened – through the second subparagraph of Article 19(1) TEU – of the possibility to apply Article 47 of the Charter
Judges under special supervision. Report of Association of Judges THEMIS
The assertion presented by the media, that the sole objective of the so-called ‘great reform of the justice system’ lies in a one-off replacement of judicial personnel with a view to replace the key judicial office holders by those subordinated to the Minister of Justice is an overlyoptimistic simplification of matters. The authors of the ‘reform of the justice system’ were far more ambitious.
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