Tag: Court of Justice of the European Union

The Court of Justice does not recognise the questions of the neo-Judges of the Civil Chamber and the Extraordinary Control and Public Affairs Chamber in the Supreme Court, because they do not form a court. What does this mean?

The new government is clearly signaling to both the Polish and global public opinion, as well as to EU institutions and the Council of Europe, that it will abide by the rulings of the CJEU and the ECHR.

The PiS government has been trying to select a candidate for the position of judge of the Court of Justice of the EU for two years. The lost election accelerated the matter and the inter-ministerial group nominated Dr Hab. Dobrochna Bach-Golecka, a lawyer and theologian

The Court of Justice of the EU accepted all of the European Commission’s allegations and held that the Muzzle Act that tightens the disciplinary system for judges is incompatible with EU law. And that not only the Chamber of Control of the Supreme Court is to have the right to perform ‘independence tests’

According to Minister of Justice Zbigniew Ziobro, it is not Poland that is breaking the treaties but the European Commission. Minister for European Affairs Szymon Szynkowski vel Sęk is calm: the ruling largely applies to ‘outdated matters’. Besides, the minister ‘does not see them in the context of the dialogue with the EC on the NRRP’.

When it comes to the reckoning – and the first act of reckoning will be the CJEU judgment on the legality of the Tribunal – it will turn out that it is only (with the accent on ‘only’) ‘President Julia’ who is responsible for the whole of the demolition of the rule of law. The others were ‘only implementing the judgments of the Constitutional Tribunal’.

Judge Agnieszka Niklas-Bibik from Słupsk is the first Polish judge suspended for asking preliminary questions to the CJEU. She was also repressed for enforcing judgments of the ECtHR and the CJEU. The judge was suspended by the president of the Słupsk court, appointed by Zbigniew Ziobro

The Committee on Legal Sciences of the Polish Academy of Sciences: the ruling  of the Constitutional Tribunal in case K 3/21 of October 7, 2021 is defective due to the faulty appointment of judges and aims to legalize unconstitutional changes introduced in the administration of justice after 2015 which are inconsistent with EU law and the European Convention

“It is not true that the judgment of the Constitutional Tribunal of 7 October 2021 was issued in order to guarantee primacy of the Constitution over EU law, as such a position of the Constitution has been sufficiently established in the Tribunal’s judgments to date”

‘Concerns are increasingly being voiced that our country has reached a critical point in its recent history, and that it is up to the Constitutional Tribunal, among others, to ensure that the path of development chosen in 1989, based on the principle of a democratic state of law and integration with Western Europe, is not interrupted.’ – a statement by 25 retired judges of the Constitutional Tribunal