Tag: disciplinary proceedings




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.

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Report on repression against Polish judges and prosecutors

“Justice under pressure – repressions as a means of attempting to take control over the judiciary and the prosecution in Poland in 2015-2019” report was prepared by the Association of Polish Judges “Iustitia” and association of prosecutors “Lex Super Omnia”

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Ziobro’s prosecution service wants to charge Judge Tuleya for a judgment critical of PiS party

The National Prosecution Office has applied for the waiver of Judge Igor Tuleya’s immunity because he ordered an investigation into the Law and Justice vote in the Sejm’s Column Hall. Tuleya will be the first judge to whom the muzzle act will be applied. Because the illegal Disciplinary Chamber will make a decision as to his immunity.

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NGOs and academics urge von der Leyen to block disciplinary measures with ECJ help [open letter]

Open Letter to the President of the European Commission regarding Poland’s disciplinary regime for judges and the urgent need for interim measures in Commission v Poland (C-791/19)

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Law and Justice’s Concentrated Power over Polish Prosecutors

On 8 July 2019, prosecutor Mariusz Krasoń was relocated from the Regional Prosecutor’s Office in Cracow, Poland to the District Prosecutor’s Office in Wrocław-Krzyki, almost 300 km away, and two levels lower in the hierarchy. The Justice Defence Committee (KOS) indicates that in May 2019, prosecutor Krasoń initiated a resolution of the Assembly of the Regional Prosecutor’s Office in Cracow.

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Free Courts, Free People – report by Amnesty International

Awareness of the changes in the Polish judicial system implemented by the ruling party, Law and Justice, is growing both domestically and internationally.

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This judge may blow up the new disciplinary regime. The ECJ may help

For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.

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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.

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author

date

29 April 2019


Human Rights and Solidarity

Remarks by Dr Adam Bodnar, Polish Commissioner for Human Rights, on Human Rights and Solidarity at the University of Connecticut (4 April 2019)

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Judges under special supervision. Report of Association of Judges THEMIS

The assertion presented by the media, that the sole objective of the so-called ‘great reform of the justice system’ lies in a one-off replacement of judicial personnel with a view to replace the key judicial office holders by those subordinated to the Minister of Justice is an overlyoptimistic simplification of matters. The authors of the ‘reform of the justice system’ were far more ambitious.

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rule of lawSupreme Courtdisciplinary proceedingsjudicial independenceCourt of JusticeNational Council of the JudiciaryEuropean CommissionDisciplinary ChamberjudgesConstitutional TribunalZbigniew ZiobroEuropean Unionjudiciarypreliminary rulingsMinister of JusticeAndrzej DudaCJEUPresidentProsecutor Generalprosecutors2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice Commissiondemocracymuzzle lawCourt of Justice of the EUIgor Tuleyademocratic backslidingdecommunizationfreedom of assemblyLaw on the NCJrecommendationFirst President of the Supreme CourtAdam BodnarHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroConstitutionfreedom of expressionLaw and Justiceprosecution11 January March in WarsawpopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJulia PrzyłębskaJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18PM Mateusz Morawieckidefamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019European Association of JudgesNCJrepressive actKoen LenaertsPolandHungarycriminal lawharrassmentAlina CzubieniakMinistry of JusticeJustice FundJarosław KaczyńskiGerard BirgfellerNational ProsecutorEwa Maciejewskadisciplinary system

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