Tag: Court of Justice of the EU

President Andrzej Duda has submitted a bill on the Supreme Court to the Sejm that would give him the right to introduce his ‘commissioners’, acting presidents, to the old chambers of the Supreme Court. Lawyers are concerned that this could be a way of blocking an important matter in the CJEU regarding the legality of the appointment of new Supreme Court judges.

The First President of the Supreme Court Malgorzata Manowska is attempting to remove four ‘old’ judges from cases in which questions were asked of the CJEU. ‘The groundless request is a pretext for eliminating me from the case,’ believes Judge Krzysztof Rączka.

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

‘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.

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

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%.

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.

‘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

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. 

“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.