Tag: Court of Justice of the European Union

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

Why the existing EU instruments have been unable to prevent the “grand corruption”? Why the risk increases significantly with the launch of the Recovery Fund? Piotr Bogdanowicz and Piotr Buras argue that
the prompt use of the rule of law conditionality mechanism is a necessary measure as the EU defends
itself against the exacerbation of “grand corruption” and “authoritarian equilibrium”
that threaten the future of the EU.