Tag: Disciplinary Chamber

This year will be crucial for Poland’s place in the EU. The most important decisions will be made in Warsaw. They will determine the parameters of not only Poland’s policy in the EU, but also its national policy for a long time. The dispute over integration will become its inseparable dimension.

The Constitutional Tribunal presided over by former PiS MP Stanisław Piotrowicz ruled that the CJEU’s interim orders on the structure of courts in Poland are inconsistent with the Polish constitution. During the hearing, the CJEU suspended the Disciplinary Chamber of the Supreme Court with such a ruling.

In response to a request to remove an unlawful judge from a bench, the Constitutional Tribunal decided that the judgment of the European Court of Human Rights concerning the Tribunal’s composition is of no legal significance.

Independent Judge Piotr Gąciarek from Warsaw has been removed from adjudicating in important criminal cases. He will be assigned to a quieter division in the court. This is a demotion for him and a punishment for his bold speech in court in defence of the free courts. Ziobro’s disciplinary commissioner is also taking an interest in Gąciarek

We obtained the latest statement of Michał Romanowski and Katarzyna Zarzycka, judge Juszczyszyn counsels, regarding further interim measure halting the binding force of the decision to suspend the judge in his official duties.

This is a precedent-setting and sensational judgment. For the first time, a Polish court has directly challenged a decision of the illegal Disciplinary Chamber. The judgment of the court in Olsztyn is immediately enforceable, which means that Pawel Juszczyszyn can return to work in court.

In precedent-setting judgments, the Supreme Administrative Court undermined the validity of the selection of the new Supreme Court judges. It ruled that the recruitment to the Supreme Court was defective from the outset, while the new NCJ, which gave the nominations, was dependent on the politicians. The Supreme Administrative Court’s judgments have now opened the door to declaring the new Supreme Court judges illegal.

We obtained a letter sent to the Vice President of the European Commission, Věra Jourová, by counsels of judge Paweł Juszczyszyn and Igor Tuleya.

The illegal Disciplinary Chamber will decide as early as on 6 May whether to lift Professor Włodzimierz Wróbel’s immunity and allow him to be prosecuted, after he ran for the office of president of the Supreme Court. The decision will be made by former prosecutors associated with Ziobro and a supporter of the PiS government 

On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).