Tag: European Court of Human Rights

Piotr Schab, president of the Court of Appeal in Warsaw, confirmed that the transfer of two judges to different divisions is a penalty for applying judgments of the ECtHR and the CJEU. Schab and his deputy, Radzik, will face criminal liability in the future for the repressions.

The selectivity in complying with ECtHR judgments was dressed up to appear as the checking of the constitutionality of the provisions of an international convention.  This is why the operative part of the judgment of the Constitutional Tribunal states that Article 6 of the ECHR is unconstitutional, which in itself is outrageous. 

Just like the Prime Minister’s motion and the Constitutional Tribunal’s judgment of 7 October, the prosecutor general’s motion in case K 7/21 contains criticism of the European Court of Human Rights acts, that are nowhere to be found in the courts’ case law.

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

The Minister of Justice suspended Judge Adam Synakiewicz from Częstochowa for a month for challenging the status of neo-judges and implementing the judgments of the CJEU and ECtHR. Zbigniew Ziobro breached the CJEU judgment in this way, for which he may be criminally liable in the future

Broda and Bojara versus Poland (26691/18 and 27367/18)

The president of the court in Gorzów Wielkopolski ordered the removal of an important judgment regarding the omission of Julia Przyłębska’s Constitutional Tribunal ruling from the database of judgments. The judgment will return to the database after the full data of Mariusz Muszyński from the Constitutional Tribunal is deleted and his identity is concealed under the initials “M.M.”. The public prosecutor is joining the case.

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.

In 2021, the term of office of the Polish judge on the European Court of Human Rights will end. The Foreign Ministry does not want to reveal who has entered the competition. What are the stakes of this choice? Prof. Lech Garlicki, a former judge on the Constitutional Tribunal of Poland and the EtCHR, explains

In its concluding report, the Civil Development Forum (FOR) evaluates plans to contain the crisis and focuses on genuine reforms in Poland’s justice system