Tag: Court of Justice of the EU




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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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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Supreme Courtdisciplinary proceedingsrule of lawjudicial independenceDisciplinary ChamberEuropean CommissionjudgesNational Council of the JudiciaryPolandCourt of JusticeZbigniew ZiobroConstitutional TribunalAndrzej DudaCourt of Justice of the EUdisciplinary systemEuropean UnionMinister of Justicepresidential electionsjudiciaryIgor Tuleyaelections 2020preliminary rulingsdemocracyCJEUmuzzle lawJarosław KaczyńskiCommissioner for Human RightsBeata MorawiecFirst President of the Supreme CourtprosecutorsEuropean Arrest WarrantAdam BodnarCOVID-19OSCEdisciplinary commissionerPresidentProsecutor Generalfreedom of expressionLaw and JusticeNCJelectionsacting first president of the Supreme CourtMay 10 2020 electionsEuropean Court of Human RightsWaldemar ŻurekAmsterdam District CourtKrzysztof Parchimowicz2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionConstitutionprosecutioncriminal lawNational Prosecutordisciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisPresident of PolandMałgorzata ManowskaJarosław GowinLGBTLGBT ideology free zonesSejmmedia independenceZuzanna Rudzińska-BluszczSylwia Gregorczyk-AbramTHEMISEAWNetherlandsdemocratic backslidingdecommunizationMateusz MorawieckiPrime Ministerfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz MorawieckiEuropean Association of Judges11 January March in WarsawHungarycoronavirusPiSC-791/19Wojciech 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 RadzikMichał LasotaSenateMarcin WarchołElżbieta KarskaMarcin RomanowskiJacek CzaputowiczPrzemysław Czarneklegislative practiceENAZbigniew BoniekdefamationcourtsOmbudsmanKraśnikNorwayNorwegian fundsNorwegian Ministry of Foreign AffairsMichał WawrykiewiczFree CourtsC-487/19Article 6 ECHRArticle 10 ECHRMaciej NawackiRegional Court in AmsterdamOpenbaar MinisterieUrsula von der LeyenEwa WrzosekAK judgmentSimpson judgmentEU law primacyForum Współpracy SędziówTVPmediapublic broadcasterLex Super OmniaAdam TomczyńskiPaweł Juszczyszynimmunitymutual trustAnna DalkowskaLMBelgiumIrelandIrena MajcherAmsterdamBogdan ŚwięczkowskiNational Public Prosecutorpopulismequal 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 bill

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