Prof. Zoll: The May elections will not be a celebration of democracy, but its burial. The State Electoral Commission should resign
The former chairperson of the State Electoral Commission (PKW), Professor Andrzej Zoll fiercely criticised the aim of the ruling camp to hold the presidential elections by post. He stated that the PKW should tender its resignation, while the situation today is worse than during the times of the People’s Republic of Poland.
Captured Constitutional Tribunal rules on the Supreme Court: Implementation of CJEU judgment inconsistent with EU law
“Once again, the Constitutional Tribunal has attempted to frustrate the implementation of the CJEU judgment of 19 November 2019.”, stated the case directly judge Piotr Pszczółkowski who issued a dissenting opinion.
The National Electoral Commission deprived of its powers in Poland
Law and Justice party has just excluded a key institution from the process of preparing the elections: the National Electoral Commission. Former Chairperson of the Commission Judge Hermeliński: such a change in the electoral laws and procedures is in breach of Article 2 of the Constitution.
CJEU: the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges
The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.
Adamant objection to the bill introducing voting by post in the next presidential election in Poland
The Helsinki Foundation for Human Rights expresses its adamant objection to the bill presented by a group of MPs introducing voting by post in the general election to the office of President of the Republic of Poland in 2020.
PiS Pushing Elections During Epidemic. Special Law on Postal Vote Debated in Sejm
Jarosław Kaczyński wants to organize the presidential elections in Poland in May at all costs. Law and Justice deputies have just submitted a bill to allow all Poles to vote by post. If local governments refuse to cooperate, will the army and the police help to organize elections?
CJEU to assess model of disciplinary responsibility of judges in Poland [list of cases]
At the beginning of April, the CJEU will consider the European Commission’s request to suspend the Polish Supreme Court’s Disciplinary Chamber. The Grand Chamber is aware of and concerned about the situation of judges subjected to harassment via disciplinary proceedings, as well as the threats of even harsher repressions in the “Muzzle Law.” In addition, the CJEU will respond to a number of preliminary questions submitted by Polish courts.
CJEU: disciplinary action against judges for asking questions of the Court is unacceptable
The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.
Muzzle Law leads German court to refuse extradition of a Pole to Poland under the European Arrest Warrant
The unprecedented decision shows that a court in Germany does not trust that a process brought against a Polish citizen in Poland will be conducted with respect for the fundamental right to a fair trial. This is not an expression of distrust towards Polish judges, but rather towards the system built by the ruling majority. The straw that broke the camel’s back was the system of disciplinary liability and the Muzzle Law.
More than 100 academics from Poland express solidarity with harassed judge Igor Tuleya
Authorities want to waive judge Igor Tuleya’s immunity and press criminal charges against him. He would be the first judge to be punished under the infamous muzzle law passed despite domestic and international outcry. Now academics in Poland salute brave judge and express their solidarity with his firm stance in defense of rule of law in Poland
How should the new European Court of Human Rights judge from Poland be? Lech Garlicki explains
Will the convicted supervise the judges in Poland?
A German court refuses to extradite a German citizen to Poland, because of the state of the Polish judicial system
Report: Rule of Law in Poland 2020: How to contain the Crisis and reform the Justice System?
MEP Petri Sarvamaa on the rule of law conditionality: “We gave nothing to Kaczyński and Orbán”