CJEU Yet Again Slams Judicial “Reforms” in Judge Retirement Age Verdict
The Court of Justice of the European Union has ruled for a second time that a cornerstone of the PiS-led judicial “reforms” is incompatible with EU law. In its verdict of 5 November, the CJEU stated that the provisions of the Common Courts Act adopted in 2017, including those making the retirement ages for men and women different, infringed the prohibition on discrimination and violated the principle of effective judicial protection.
Freedom of expression of judges and prosecutors: UNHRC report
While the freedom of expression of public officials can be sometimes restricted with a view to protecting the impartiality and independence of institutions, in the event of a breach of the rule of law, judges and prosecutors can be seen as having a moral duty to speak out – says the report.
Kaczyński above the law. The delicate work of keeping him away from questioning and out of court
The public prosecutor’s office has refused to initiate an investigation into the fraud allegedly perpetrated by Kaczynski against Birgfellner. The prosecutor took 259 days, although it should have been 30 by law, questioning the businessman over and over again, and slapping fines on him. What took so long? Because on 5 October, regulations making it possible to seek justice were changed, and on 13 October elections were held.
Lacking a majority, PiS needs the Senate to install a new Commissioner for Human Rights
The Senate in opposition hands means the end of Law and Justice’s dreams of subordinating the Office of the Commissioner of Human Rights. Without the consent of senators, the new Commissioner will not take up the post in 2020 after Adam Bodnar’s current term ends. If the Senate rejects the candidates put forward by PiS, Bodnar may remain in the post of Commissioner longer. And continue to point out where PiS is breaking the law.
Disappointment and the Polish Parliamentary Elections
Even the winners of yesterday’s parliamentary elections in Poland can feel (at least somewhat) like losers. There are many possible scenarios for how events will unfold, and underlying tensions threaten to wreak havoc among the main parties. While there are many reasons for all parties to be satisfied, there are also many reasons why they may look to the upcoming Sejm with trepidation rather than excitement.
Balicki: The worst Sejm in three decades has destroyed Polish parliamentarism
Ryszard Balicki, a leading Polish constitutional scholar from the University of Wrocław, has passed judgement: the current Sejm whose term is now coming to a close, responsible for violations of established traditions and the Constitution as well, was a mute and essentially pointless Sejm. Who is responsible? In large part, the former Marshal of the Sejm, Marek Kuchciński.
Informal exercise of power – a comfortable way to undermine democracy in Hungary
Viktor Orbán’s government is masterful at creating a feudal relationship of social dependence by employing informal means of coercion. And while informal means of coercion play a very important role in the regime aiming at consolidating his power, international observers are practically unable to address systemically and effectively.
Kaczyński details PiS plans for “vetting” Polish judges after Sunday’s election
The head of the ruling Law and Justice party (PiS) has stated that the ruling party will complete its “reform” of the justice system, overcoming what he calls “the last barrier”. Kaczyński invokes the Polish constitution, which provides mechanisms for the reorganization of the courts. In practice, this will mean a vetting of all judges in the country and the removal of those who fail to toe the line.
Undemocratic but Formally Lawful: The Suspension of the Polish Parliament
While the attention of many constitutional law scholars has been on the UK Government’s decision to prorogue Parliament and first judicial responses, the Polish Sejm’s plenary sitting has been unexpectedly suspended and postponed until after the general elections of 13 October 2019. The decision has a precedential nature. For the first time since the Polish Constitution entered into force, the ‘old’ Sejm is sitting while the ‘new’ Sejm will be waiting for an opening. Although this decision is formally compliant with the Polish Constitution, it is nonetheless undemocratic and raises some serious questions about the motivation behind this move.
AG Tanchev gives robust defence of judges’ right to turn to CJEU
CJEU Advocate General Evgeni Tanchev confirmed that judges may pose preliminary questions to the Court of Justice concerning their independence in the context of the disciplinary system for judges in EU Member States.
The European Commission intervenes on “LGBT-free” zones in Poland
A compelling speech by the Commissioner for Human Rights in defence of the EU. PiS’s attacks “distort the Union’s image”
Stępkowski: The case of the Judge Tuleya’s immunity is not covered by the CJEU’s decision
The Disciplinary Chamber will examine the case of judge Igor Tuleya despite CJEU order
Presidential elections in Poland: what we know so far