Tag: European Commission

On 12 October, the rule of law in Poland was discussed in Warsaw, Brussels, Strasbourg, and Luxembourg. Prof. John Morijn reports from the Court of Justice of the EU and analyses arguments made before the Grand Chamber in the PPU cases. The Advocate General will issue his Opinion on 12 November.

‘The only way to contain the increasing lawlessness that we are witnessing in Poland is for your Commission to step up to the task it is given under the Treaties to enforce EU law. Do not further delay action in the name of dialogue. One simply cannot engage in dialogue with a pyromaniac who is actively adding fuel to a blaze. The rule of law in Poland is not merely being attacked. It is being destroyed in plain sight. ‘ – writes a dozen of law professors from across the globe to the European Commission President

In my opinion, each of the two points of the CJEU order is sufficient for the Disciplinary Chamber of the Supreme Court to stop all judicial activity with regard to judges, until the final judgment is delivered by the CJEU or until the safeguard order is amended, Adam Bodnar emphasizes.

The letter from the European Commission is a confirmation that the homophobic resolutions passed by local governments in Poland have legal consequences, violate the rights of their residents, and should conform to EU values. It also opens the way to EU funds being blocked – right now

“I appeal to you and members of the Polish Government to refrain from statements that are factually incorrect or diverge from legal fact when assessing the activities of the European Union,” writes Adam Bodnar, Poland’s Commissioner for Human Rights (CHR), in a letter to PM Mateusz Morawiecki

Dozens of EU and constitutional law professors and associations of judges and prosecutors urge the European Commission to act and to prevent irreversible changes that will de facto exclude Poland from the circle of European legal culture and western democracy

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.

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)

The European Commission has launched a reflection process on the rule of law in the EU and setting out possible avenues for future action. It outlined three pillars which could contribute to further the effective enforcement of the rule of law in the Union: better promotion, early prevention and tailored reposnse

The Court opened – through the second subparagraph of Article 19(1) TEU – of the possibility to apply Article 47 of the Charter