Tag: National Council of the Judiciary

The new NCJ, which is supposed to defend the independence of the courts, has itself attacked the court in Bydgoszcz for reinstating Judge Paweł Juszczyszyn. It has also attacked the judge’s lawyer, who is demanding that the First President of the Supreme Court enforce the ruling in Juszczyszyn’s case.

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.

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

The National Council of the Judiciary gave the member of this group another chance of promotion. The Olsztyn-based Judge Maciej Nawacki may soon become a regional court judge. Whereas the Council itself will have an increasingly lesser representation of the district courts.

Constitutional law professor accuses the President of the Republic of Poland of breaching several provisions of the Constitution of Poland by appointing Małgorzata Manowska the new First President of the Supreme Court

The European Association of Judges (EAJ) supports the idea that Poland’s National Council of the Judiciary should be removed from the European Network of Councils for the Judiciary (ENCJ). “For several years I have been speaking loudly about the dangerous path onto which Poland’s rulers have gone. Their aim is to destroy the separation of powers,” said the president of the European association in January

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.

Court of Justice holds that domestic courts are to review the independence of the new National Council of the Judiciary and the Disciplinary Chamber

“We nominated such judges who we believed were ready to work on the reforms of the judiciary,” said Zbigniew Ziobro in the Senate.

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)