Tag: Court of Justice
Attacks on CJEU Advocate General after his crushing assessment of PiS-led judicial “reforms”
The Minister of Justice feels that the opinion of the Advocate General of the EU Court of Justice Evgeni Tanchev is incompatible with EU law and constitutes a “defence of pathology in the Polish judiciary.” If the CJEU concurs with the Advocate General’s opinion, following the judgment Poland will have to select a new National Council of the Judiciary. Changes will also be necessary in other EU Member States.
Disciplinary regime under ECJ review: a dispute over admissibility
On Tuesday, 18 June 2019, the European Court of Justice considered two preliminary requests submitted by courts in Łódź and Warsaw. Both courts are concerned whether the new system of disciplinary proceedings against judges meets EU standards, particularly those enshrined in the principle of effective judicial protection. However, the hearing was mainly focused not on particular provisions of law questioned by the Polish courts, but on the admissibility of the questions these courts referred to the ECJ.
AG Tanchev suggests that Poland violated judicial independence
According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually follows its conclusions.
Act on the National Council of the Judiciary before the Constitutional Tribunal
Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.
Judges ask Commission to intervene in disciplinary proceedings. Only CJEU can stop repressions
Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018
The rule of law in Poland Actions by EU institutions and unaddressed recommendations of the European Commission
Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.
Violations of the rule of law principles in Poland despite recent amendments
The Supreme Court has not been the sole judicial institution under attack by the ruling majority. Since November 2015 the PiS has been increasing political control over other key bodies of the system, including the Constitutional Tribunal, the prosecution, the National Council of Judiciary, and ordinary courts.
New legislation on Supreme Court published – PiS officially gives up
The new Supreme Court Act came into effect on 1 January – the Supreme Court judges previously forced to retire are coming back to work. PiS ultimately gave up despite stalling for time until the last moment. Yet the fight for the rule of law continues, and Brussels has no plans to quit. In 2019, the Court of Justice will rule on the politicisation of the National Council of the Judiciary (KRS)
Supreme Court legend quits in response to President’s decision
Judge Stanisław Zabłocki, President of the Supreme Court and chairman of the Criminal Chamber, has announced his retirement in conjunction with recent modifications to the court’s rules that force heads of chambers to assign cases to appointees whose status is presently being questioned before the European Court of Justice.
Poles agree: EU Court of Justice has the right to stop illegal judiciary reform [POLL]
According to the latest poll, majority of Poles believe that the Court of Justice of the EU is entitled to stop Law and Justice’s judiciary reform if it concludes that the EU rules have been violated. The Polish people widely support firm actions by the Court against the right-wing government
European Commission presents proposals for strengthening rule of law – Poland’s government reacts
Freedom House “Freedom in the World” 2019 report ranks independence of the judiciary in Poland
Forced transfer as harassment and “disciplinary measure”
Judges across Poland refusing to work with the neo-KRS. Łętowska: “It’s not a boycott, but a precaution”
ABA: In Poland, Erosion of Judicial Independence Continues