Tag: Constitutional Tribunal
Retired Constitutional Tribunal Judges on ‘lex Tusk’: This act of exceptional evil violates the principles of the rule of law, human and civil rights
‘We cannot remain silent in the light of such an intensity of ill will and such a gross violation of fundamental human and civil rights. It is also our duty, which arises from our judicial conscience and our knowledge of the law, to point out that cooperation with the commission according to the principles of this unprecedented act constitutes a violation of values that are dear to our traditions and respect for the common good,’ wrote the retired judges of the Constitutional Tribunal.
Constitutional Tribunal brings PiS relief. It wants to block Mariusz Kamiński’s trial for the Central Anti-Corruption Bureau’s operation in the land scandal
After six years, Julia Przyłębska’s Constitutional Tribunal has set a date in April for examining the alleged competence dispute between the Supreme Court and the President over pardons. There can only be one objective – to block the Supreme Court in examining the case of the deputy head of PiS, Mariusz Kamiński
‘President Julia’ will be blamed. Is that why she was allowed to remain in office?
When it comes to the reckoning – and the first act of reckoning will be the CJEU judgment on the legality of the Tribunal – it will turn out that it is only (with the accent on ‘only’) ‘President Julia’ who is responsible for the whole of the demolition of the rule of law. The others were ‘only implementing the judgments of the Constitutional Tribunal’.
The European Commission is taking Poland to the CJEU for the Constitutional Tribunal. Our explainer
The European Commission is accusing Poland that the Constitutional Tribunal is breaching the legal order of the European Union and the rights of EU citizens with its rulings. The Commission is also contesting the choice of the ‘stand-ins’ and Julia Przyłębska as President of the Constitutional Tribunal. That is why it is referring the case to the EU Court of Justice. What happens next? Our explainer.
Supreme Administrative Court: The Constitutional Tribunal has been infected with illegality
‘The whole of the Polish Constitutional Tribunal has lost its ability to adjudicate lawfully,’ held the Supreme Administrative Court.
How can the Constitutional Tribunal be repaired? Sadurski: Removing the stand-ins isn’t enough, you have to go further
Professor Wojciech Sadurski, a constitutionalist, proposes his concept for repairing the Constitutional Tribunal. ‘The current Constitutional Tribunal is one hundred percent illegitimate,’ he argues. And explains why he thinks so, and how to remedy this if the opposition wins the elections.
They are allowed more. How judges of the Constitutional Tribunal ridicule the rules on being apolitical and the dignity of the office
A motion has been filed with the Constitutional Tribunal to punish retired Judge Wojciech Hermeliński for allegedly breaching the principles of judicial ethics. We look at statements made by the current judges of the Constitutional Tribunal in terms of their ‘apolitical nature’ and ‘good practices’
Judiciary in Poland: an ongoing decay of the rule of law
If you are a Polish judge and you intend to apply European standards on judicial independence, think twice. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. This is the situation in Poland, a European Union Member State, at the dawn of the 21st century.
Statement by retired judges of the Constitutional Tribunal on the Constitutional Tribunal judgment in case K 7/21
Retired judges of the Constitutional Tribunal state that the judgment in question is another scandalous example of jurisprudence violating the Constitution. Challenging Article 6 of the ECHR for the second time in a short period of time (previously in the judgment of 24.11.2021, K 6/21) is a drastic jurisprudential excess.
Ominous coincidence of dates
The selectivity in complying with ECtHR judgments was dressed up to appear as the checking of the constitutionality of the provisions of an international convention. This is why the operative part of the judgment of the Constitutional Tribunal states that Article 6 of the ECHR is unconstitutional, which in itself is outrageous.
PiS Threatens to Take Over Courts, Liquidate Supreme Court, and Challenge CJEU
Kaczyński announces the takeover of the courts after the elections. He threatens: ‘No one will stop us’
Prosecution of Bydgoszcz judges by Radzik. The president will not intervene. ‘Premature and unauthorised’
Extraordinary meeting of the new National Council for Judiciary. ‘A tribute of surrender’.
PiS spy law has been passed. ‘An open door for striking at journalists and not only’