Tag: muzzle law

The Court of Justice of the EU accepted all of the European Commission’s allegations and held that the Muzzle Act that tightens the disciplinary system for judges is incompatible with EU law. And that not only the Chamber of Control of the Supreme Court is to have the right to perform ‘independence tests’

According to Minister of Justice Zbigniew Ziobro, it is not Poland that is breaking the treaties but the European Commission. Minister for European Affairs Szymon Szynkowski vel Sęk is calm: the ruling largely applies to ‘outdated matters’. Besides, the minister ‘does not see them in the context of the dialogue with the EC on the NRRP’.

The system of repression of judges defending the rule of law has been changing over the years. What measures are used today to intimidate defenders of the rule of law? Osiatyński Archive’s special analysis

The prosecutor of independent judges, Przemysław Radzik, is threatening Judge Wojciech Maczuga with disciplinary action for applying European law. Radzik’s action is a further attack on the shaky compromise between PiS and the European Commission over billions from the NRRP

Judge Juszczyszyn from Olsztyn, who returned to work just six months ago, did not have peace of mind for very long. Ziobro’s nominees are after him again because Juszczyszyn is still enforcing ECtHR and CJEU judgments. He is facing as many as three new disciplinary actions!

The European Commission is to decide whether to unfreeze billions for Poland from the EU’s Reconstruction Fund. It should not ‘buy’ President Duda’s or the Law and Justice party’s (PiS’s) offer. It needs to demand the full restoration of the rule of law. Otherwise, it will condemn the courts to ultimate destruction, reward ‘sly judges’ and antagonise the judicial community.

The Prime Minister’s petition to the Constitutional Tribunal is supposed to legalize the changes in the courts. ‘This is PolExit from the EU legal order’, deputy Commissioner for Human Rights Dr. Hab. Maciej Taborowski warns.

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

The Chamber of Labour has asked the CJEU to consider the status of the ‘new’ Supreme Court judges, as well as the bans on judges in the ‘muzzle’ act adopted by PiS. It has also requested the CJEU to consider its preliminary questions under an accelerated procedure