Tag: Court of Justice of the EU
‘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.
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.
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
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
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.
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.
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.
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.
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.
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
‘I won’t let any of the caste members off the hook’. Dialogues of the ‘good change’ judges
How to hold criminals to account
Lex Woś. Solidarna Polska wants to ‘deputinise’ NGOs with an Act taken straight from Putin’s Russia
PiS’s new bill. Protection of the people or protection of the authorities?
Manowska wants legal judges of the Supreme Court to be prosecuted. Repression for applying EU law