Discussing imploding Polish judicial independence, European Arrest Warrants and fair trial in Luxembourg: silver linings to a grim day?
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.
‘We, in Poland, are witnessing a unique revolution in Poland against the rule of law’
We publish in full the speech made on 22 September 2020 by Sylwia Gregorczyk-Abram and Michał Wawrykiewicz, attorneys-at-law representing judge Waldemar Żurek before the Court of Justice of the EU in C-487/19 case regarding the Supreme Court’s request for a preliminary ruling.
‘LGBT-free’ municipalities will not receive millions of zlotys from Norwegian funds
Municipalities that declared themselves ‘LGBT ideology-free zones’ will not receive funding from Norwegian funds. This means a loss of €3–10 million for Kraśnik alone.
PiS rejects the candidate for the Ombudsman supported by 700 civic organisations
PiS deputies did not even hear out the social candidate for the office of Ombudsman Zuzanna Rudzińska-Bluszcz. Even so, they gave her a negative opinion at the parliamentary committee meeting. PiS wants to take over the office of Ombudsman with the help of the Constitutional Tribunal.
Report: Rule of Law in Poland in 2020
The rule of law in Poland and other member states is important not only for the citizens of these countries, but also for the future of the European project as a club of countries with high-quality democratic institutions safeguarding human rights – says Civil Development Forum (FOR)
Planned changes in the Supreme Court and common courts in Poland
20–30 judges of almost 100 are to remain in the Supreme Court. The remainder will be retired.
The suspended Disciplinary Chamber of the Supreme Court is to decide on the immunity of judges on 9 June. The Commissioner for Human Rights writes to the First President of the Supreme Court and to the Prime Minister
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.
Former CT judge Prof. Wyrzykowski: The presidential elections in Poland will be held under the pretence of legality
This is not the first time that we have escaped from the bounds of the Constitution simply to avoid implementing functions of the state that have been established by the nation – warns prof. Mirosław Wyrzykowski
Presidential elections in Poland: what we know so far
Jarosław Kaczyński’s party pushed for presidential elections on the 10th of May at all costs. The plan backfired. The election will be most likely be held on the 28th of June or at the beginning of July. An explainer about the biggest political crisis in Poland’s recent history
When the law is the violence you fear
In accordance with Art. 2 of the Constitution, the Republic of Poland is a democratic state ruled by law. This is linked to the separation and balance of powers, the rule of law, the supremacy of the Constitution, and respect for international law – in short, everything that is currently under attack. Therefore, if a de facto change to the constitutional system of the state is taking place in front of the public’s eyes, can we speak of a coup d’etat?
Polish Ombudsman’s arguments ignored by captured Constitutional Tribunal at hearing in case K 6/21
Judge Rutkiewicz of Elbląg suspended for applying EU law. Against the CJEU order.
Judge Żurek: the authorities will try to bribe and intimidate the judges. But this won’t work
Judge Niklas-Bibik suspended for applying EU law and for asking preliminary questions to the CJEU
Retired Constitutional Tribunal’s judges explain lies and misunderstandings regarding the K 3/21 decision