Tag: Court of Justice of the EU

PiS is not hiding the fact that it wants to destroy the independent courts in Poland. It is admitting this in its election programme. It is promising the liquidation of the current courts and the establishment of new ones with ‘its own’ judges. Independent judges will be removed or retired

Małgorzata Manowska, acting as the First President of the Supreme Court, does not want to hand over the files of an important case regarding the status of the neo-judges of the Supreme Court to the legal judges of the Supreme Court. This is the third case blocked by Manowska in which the CJEU has issued a ruling

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.

‘There is an entitlement to protection against discrimination based on sexual orientation regardless of the basis of employment’ the CJEU ruled today. This applies to a case filed against TVP by a former employee. ‘I am pleased with the judgment, but it’s a pity that we have to go abroad for such obvious conclusions’

Judge Juszczyszyn from Olsztyn, who returned to work just six months ago, did not have peace of mind for very long. Ziobro’s nominees are after him again because Juszczyszyn is still enforcing ECtHR and CJEU judgments. He is facing as many as three new disciplinary actions!

President Andrzej Duda attacked the organizations of judges for challenging the Polish National Recovery Plan before the CJEU. According to the President, judges want to govern. However, Duda does not understand how the separation of powers works and does not know that judges can protest and express their opinions. 

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.

Judge Maciej Rutkiewicz was suspended for a month for applying the CJEU judgment and the Supreme Court resolution. He was suspended by a nominee of Minister Ziobro. Rutkiewicz is the sixth judge in Poland suspended for applying EU law and in clear violation of the CJEU order

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 Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.