Tag: CJEU
Judge Niklas-Bibik suspended for applying EU law and for asking preliminary questions to the CJEU
Judge Agnieszka Niklas-Bibik from Słupsk is the first Polish judge suspended for asking preliminary questions to the CJEU. She was also repressed for enforcing judgments of the ECtHR and the CJEU. The judge was suspended by the president of the Słupsk court, appointed by Zbigniew Ziobro
Committee of Legal Sciences of the Polish Academy of Sciences resolution on the Constitutional Tribunal’s ruling of 7 October
The Committee on Legal Sciences of the Polish Academy of Sciences: the ruling of the Constitutional Tribunal in case K 3/21 of October 7, 2021 is defective due to the faulty appointment of judges and aims to legalize unconstitutional changes introduced in the administration of justice after 2015 which are inconsistent with EU law and the European Convention
Statement by retired judges of the Constitutional Tribunal in defense of Judge Marek Safjan and the dignity of the Polish and European judiciary
This exceptionally perfidious, lying act of hatred directed against Professor Marek Safjan, former president of the Polish Constitutional Tribunal, must be decisively condemned.
On the PM Morawiecki motion to the Constitutional Tribunal regarding EU Treaties conformity with the Polish Constitution (case K 3/21)
The Prime Minister’s petition to the Constitutional Tribunal is supposed to legalize the changes in the courts. ‘This is PolExit from the EU legal order’, deputy Commissioner for Human Rights Dr. Hab. Maciej Taborowski warns.
‘We, in Poland, are witnessing a unique revolution in Poland against the rule of law’
We publish in full the speech made on 22 September 2020 by Sylwia Gregorczyk-Abram and Michał Wawrykiewicz, attorneys-at-law representing judge Waldemar Żurek before the Court of Justice of the EU in C-487/19 case regarding the Supreme Court’s request for a preliminary ruling.
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.
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 President: European Union is not crushing the member states. They are the EU
Prof. Koen Lenaerts, President of the Court of Justice of the European Union, explains why mutual trust and judicial independence are of fundamental importance to the EU Member States
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.
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
Newest posts
12.09.2023
PiS Threatens to Take Over Courts, Liquidate Supreme Court, and Challenge CJEU
29.08.2023
Kaczyński announces the takeover of the courts after the elections. He threatens: ‘No one will stop us’
25.08.2023
Prosecution of Bydgoszcz judges by Radzik. The president will not intervene. ‘Premature and unauthorised’
25.08.2023
Extraordinary meeting of the new National Council for Judiciary. ‘A tribute of surrender’.
25.08.2023
PiS spy law has been passed. ‘An open door for striking at journalists and not only’
09.08.2023