Tag: CJEU

The Court of Justice does not recognise the questions of the neo-Judges of the Civil Chamber and the Extraordinary Control and Public Affairs Chamber in the Supreme Court, because they do not form a court. What does this mean?

Minister Bodnar wants to streamline the system of delegating judges to higher instance courts. Under Minister Ziobro, delegations were under the control of the ministry, and judges defending the rule of law did not receive them. The ministry, during the PiS government, also punished judges by swiftly revoking their delegations

The PiS government has been trying to select a candidate for the position of judge of the Court of Justice of the EU for two years. The lost election accelerated the matter and the inter-ministerial group nominated Dr Hab. Dobrochna Bach-Golecka, a lawyer and theologian

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

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

This exceptionally perfidious, lying act of hatred directed against Professor Marek Safjan, former president of the Polish Constitutional Tribunal, must be decisively condemned.

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 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. 

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.

 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.