Tag: Court of Justice of the EU




A German court refuses to extradite a German citizen to Poland, because of the state of the Polish judicial system

This is the second decision by the Higher National Court in Karlsruhe to suspend the execution of a EAW to Poland, directly motivated by concerns over the rule of law, resulting from changes in the judiciary after 2015

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The Disciplinary Chamber of the Supreme Court will deal with the case of Judge Józef Iwulski’s immunity on 21 January

‘The Disciplinary Chamber of the Supreme Court has set the date for examining the case of immunity of a judge of that court, the President of the Labour and Social Insurance Chamber, Józef Iwulski, on 21 January next year,’ Piotr Falkowski, that Chamber’s press officer, informed the Polish Press Agency PAP.

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5 Member States support the European Commission in Case 791/19: what they said

Belgium, Denmark, the Netherlands, Sweden, and Finland support the European Commission and demand the Court of Justice declares that the Polish government violates the Union law in case C-791/19 regarding the disciplinary system for judges

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The ‘Disciplinary Chamber’ has suspended Judge Tuleya and allowed criminal charges to be brought against him

The illegally constituted Disciplinary Chamber has lifted the immunity of Judge Igor Tuleya, which will allow the National Prosecutor’s Office to bring absurd criminal charges against him for admitting journalists to an announcement of a ruling which was important to the public. Tuleya was also suspended from his duties as a judge and had his salary reduced by 25%.

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Discussing imploding Polish judicial independence, European Arrest Warrants and fair trial in Luxembourg: silver linings to a grim day?

On 12 October, the rule of law in Poland was discussed in Warsaw, Brussels, Strasbourg, and Luxembourg. Prof. John Morijn reports from the Court of Justice of the EU and analyses arguments made before the Grand Chamber in the PPU cases. The Advocate General will issue his Opinion on 12 November.

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Before It’s Too Late Open Letter to the President of the European Commission regarding the Rule of Law Breakdown in Poland

‘The only way to contain the increasing lawlessness that we are witnessing in Poland is for your Commission to step up to the task it is given under the Treaties to enforce EU law. Do not further delay action in the name of dialogue. One simply cannot engage in dialogue with a pyromaniac who is actively adding fuel to a blaze. The rule of law in Poland is not merely being attacked. It is being destroyed in plain sight. ‘ – writes a dozen of law professors from across the globe to the European Commission President

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‘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. 

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Safjan on disciplinary proceedings against judges in Poland: “I cannot rule out any negative scenario”

“The involvement of a judge, who speaks up on such public matters related to the rule of law is certainly not a political voice.” Prof. Marek Safjan, judge of the Court of Justice of the EU and retired judge of the Constitutional Tribunal, comments on the reports that the disciplinary commissioners want to prosecute 1,200 judges throughout Poland who signed the letter to the OSCE asking it to oversee the postal presidential elections, which were to be held in May 2020.

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The Chamber of Labour in the Supreme Court asks the CJEU about the status of the ‘new’ judges and about the ‘muzzle’ law

The Chamber of Labour has asked the CJEU to consider the status of the ‘new’ Supreme Court judges, as well as the bans on judges in the ‘muzzle’ act adopted by PiS. It has also requested the CJEU to consider its preliminary questions under an accelerated procedure

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date

8 July 2020


Strasbourg Steps in

Concerted effort of the CJEU and the ECtHR may result in the hindering of some of the negative effects of changes in the judiciary. So far it has been the CJEU that has been active, with the courageous involvement of national judges and civil society – writes prof. Adam Bodnar, the Commissioner for Human Rights

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Supreme Courtdisciplinary proceedingsrule of lawjudicial independenceDisciplinary ChamberPolandEuropean CommissionjudgesNational Council of the JudiciaryZbigniew ZiobroCourt of JusticeCourt of Justice of the EUConstitutional TribunalAndrzej DudaEuropean Uniondisciplinary systemIgor TuleyaMinister of Justicepresidential electionsjudiciarydemocracyJarosław Kaczyńskielections 2020Beata MorawiecFirst President of the Supreme Courtpreliminary rulingsprosecutorsCJEUmuzzle lawCommissioner for Human RightsEuropean Arrest WarrantCOVID-19disciplinary commissionerAdam BodnarOSCEEuropean Court of Human RightsMateusz MorawieckiPresidentProsecutor Generalfreedom of expressionLaw and JusticeprosecutionNCJHungaryNational Prosecutorelectionsacting first president of the Supreme CourtMay 10 2020 electionsWaldemar Żurekmedia independenceAmsterdam District CourtKrzysztof ParchimowiczEAW2017freedom of assemblyFreedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionEU budgetConstitutioncriminal lawC-791/19disciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisPresident of PolandMałgorzata ManowskaJarosław GowinLGBTLGBT ideology free zonesSejmMichał LasotaZuzanna Rudzińska-BluszczSylwia Gregorczyk-AbramTHEMISMaciej NawackiLex Super OmniaPaweł JuszczyszynAnna DalkowskaBelgiumNetherlandsNational Public ProsecutorPiotr Schabdemocratic backslidingdecommunizationNext Generation EUPrime MinistervetopoliceJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportArticle 7European ParliamentZiobroSupreme Administrative CourtconditionalityPM Mateusz MorawieckiEuropean Association of Judges11 January March in WarsawMinistry of JusticecoronavirusPiSWojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandLGBT free zonesequalityChamber of Extraordinary Verificationhate crimeshate speechcriminal codeGrzęda v PolandXero Flor w Polsce Sp. z o.o. v. PolandBroda and Bojara v PolandŻurek v PolandSobczyńska and Others v PolandReczkowicz and Others v. PolandRafał Trzaskowskimedia lawIustitiaKrystian MarkiewiczPrzemysła RadzikSenateMarcin WarchołElżbieta KarskaMarcin RomanowskiJacek CzaputowiczPrzemysław Czarneklegislative practiceENAZbigniew BoniekdefamationcourtsOmbudsmanKraśnikNorwayNorwegian fundsNorwegian Ministry of Foreign AffairsMichał WawrykiewiczFree CourtsC-487/19Article 6 ECHRArticle 10 ECHRRegional Court in AmsterdamOpenbaar MinisterieUrsula von der LeyenEwa WrzosekAK judgmentSimpson judgmentEU law primacyForum Współpracy SędziówTVPmediapublic broadcasterAdam Tomczyńskiimmunitymutual trustLMIrelandIrena MajcherAmsterdamBogdan ŚwięczkowskiPrzemysław Radzikthe Regional Court in WarsawCouncil of EuropeUnited Nationsjudcial independenceLeszek MazurMaciej Miteracriminal proceedingspopulisminterim measuresViktor OrbanOLAFautocratizationMultiannual Financial Frameworkabortion rulingequal treatmentabortionprotestsfundamental rightsthe NetherlandsDenmarkSwedenFinlandMariusz KrasońCT PresidentJózef IwulskiGermanyCelmerC354/20 PPUJustice Defence Committee – KOSC412/20 PPUAusl 301 AR 104/19Karlsruheact on misdemeanoursCivil Service ActEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiadvocate generalpress releaseRights and Values ProgrammeC-619/18defamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019repressive actKoen LenaertsharrassmentAlina CzubieniakJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote bill

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