Tag: Court of Justice of the EU




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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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The suspended Disciplinary Chamber of the Supreme Court is to decide on the immunity of judges on 9 June. The Commissioner for Human Rights writes to the First President of the Supreme Court and to the Prime Minister

In my opinion, each of the two points of the CJEU order is sufficient for the Disciplinary Chamber of the Supreme Court to stop all judicial activity with regard to judges, until the final judgment is delivered by the CJEU or until the safeguard order is amended, Adam Bodnar emphasizes.

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Safjan on Constitutional Tribunal ruling: an extreme scenario, but even EU exit seems possible

The Constitutional Tribunal, by a decision of its full bench, ruled that the resolution of the three combined chambers of the Supreme Court is incompatible with the constitution and international law. According to Professor and CJEU Judge Marek Safjan, this ruling by the Constitutional Tribunal is “highly disturbing” and can even threaten Poland’s membership in the European Union.

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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.

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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.

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CJEU: disciplinary action against judges for asking questions of the Court is unacceptable

The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.

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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 

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Supreme Courtrule of lawdisciplinary proceedingsEuropean CommissionDisciplinary Chamberjudicial independenceNational Council of the JudiciaryCourt of JusticeAndrzej DudaConstitutional TribunaljudgesPolandpresidential electionselections 2020European UniondemocracyZbigniew ZiobroCourt of Justice of the EUjudiciaryFirst President of the Supreme Courtpreliminary rulingsCJEUMinister of JusticeIgor TuleyaJarosław KaczyńskiCOVID-19Commissioner for Human RightsPresidentProsecutor GeneralprosecutorsLaw and Justicemuzzle lawdisciplinary systemelectionsacting first president of the Supreme CourtMay 10 2020 elections2017Freedom HouseExtraordinary Control and Public Affairs ChamberAdam BodnarVenice CommissionConstitutionNCJcriminal lawNational Electoral CommissionKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiEuropean Court of Human RightsPresident of PolandMałgorzata Manowskademocratic backslidingdecommunizationfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz Morawieckifreedom of expressionprosecutionEuropean Association of Judges11 January March in WarsawHungaryNational ProsecutorcoronavirusC-791/19disciplinary liability for judgesWojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMarek SafjanMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrdo IurisOSCEOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandJarosław GowinLGBTLGBT free zonesequalityLGBT ideology free zonesSejmChamber 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. PolandWaldemar ŻurekRafał TrzaskowskipopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-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 CzubieniakMinistry of JusticeJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote billPiS

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