Tag: preliminary rulings




The Chamber of Labour in the Supreme Court asks the CJEU about the status of the ‘new’ judges and about the ‘muzzle’ law

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

Read More

CJEU to assess model of disciplinary responsibility of judges in Poland [list of cases]

 At the beginning of April, the CJEU will consider the European Commission’s request to suspend the Polish Supreme Court’s Disciplinary Chamber. The Grand Chamber is aware of and concerned about the situation of judges subjected to harassment via disciplinary proceedings, as well as the threats of even harsher repressions in the “Muzzle Law.” In addition, the CJEU will respond to a number of preliminary questions submitted by Polish courts.

Read More

CJEU: disciplinary action against judges for asking questions of the Court is unacceptable

The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.

Read More

Disciplinary regime under ECJ review: a dispute over admissibility

On Tuesday, 18 June 2019, the European Court of Justice considered two preliminary requests submitted by courts in Łódź and Warsaw. Both courts are concerned whether the new system of disciplinary proceedings against judges meets EU standards, particularly those enshrined in the principle of effective judicial protection. However, the hearing was mainly focused not on particular provisions of law questioned by the Polish courts, but on the admissibility of the questions these courts referred to the ECJ.

Read More

Act on the National Council of the Judiciary before the Constitutional Tribunal

Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.

Read More

Batory Foundation report: “Under siege. Why Polish courts matter for Europe and the case for infringement proceedings”

In the report published on 20 March 2019 by the Stefan Batory Foundation in cooperation with the European Stability Initiative, the two organisations discuss the state of rule of law in Poland. The authors argue that the EU should use its most effective tool to defend the rule of law and lodge another complaint to the Court of Justice of the EU

Read More

New legislation on Supreme Court published – PiS officially gives up

The new Supreme Court Act came into effect on 1 January – the Supreme Court judges previously forced to retire are coming back to work. PiS ultimately gave up despite stalling for time until the last moment. Yet the fight for the rule of law continues, and Brussels has no plans to quit. In 2019, the Court of Justice will rule on the politicisation of the National Council of the Judiciary (KRS)

Read More

Tags

Supreme Courtrule of lawdisciplinary proceedingsjudicial independenceEuropean CommissionDisciplinary ChamberjudgesNational Council of the JudiciaryPolandCourt of JusticeConstitutional TribunalAndrzej DudaZbigniew ZiobroCourt of Justice of the EUpresidential electionsEuropean Unionjudiciaryelections 2020preliminary rulingsdemocracyCJEUMinister of JusticeJarosław Kaczyńskidisciplinary systemCommissioner for Human RightsFirst President of the Supreme CourtAdam Bodnarmuzzle lawIgor TuleyaCOVID-19OSCEdisciplinary commissionerPresidentProsecutor Generalprosecutorsfreedom of expressionLaw and Justiceelectionsacting first president of the Supreme CourtMay 10 2020 electionsWaldemar Żurek2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice CommissionConstitutionprosecutionNCJcriminal lawdisciplinary liability for judgesNational Electoral CommissionMarek SafjanKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiOrdo IurisEuropean Court of Human RightsPresident of PolandMałgorzata ManowskaJarosław GowinLGBTLGBT ideology free zonesSejmZuzanna Rudzińska-BluszczSylwia Gregorczyk-AbramEuropean Arrest Warrantdemocratic backslidingdecommunizationMateusz MorawieckiPrime Ministerfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz MorawieckiEuropean Association of Judges11 January March in WarsawHungaryNational ProsecutorcoronavirusPiSC-791/19Wojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandLGBT free zonesequalityChamber of Extraordinary Verificationhate crimeshate speechcriminal codeGrzęda v PolandXero Flor w Polsce Sp. z o.o. v. PolandBroda and Bojara v PolandŻurek v PolandSobczyńska and Others v PolandReczkowicz and Others v. PolandRafał Trzaskowskimedia independencemedia lawIustitiaKrystian MarkiewiczPrzemysła RadzikMichał LasotaSenateMarcin WarchołElżbieta KarskaMarcin RomanowskiJacek CzaputowiczPrzemysław Czarneklegislative practiceENAAmsterdam District CourtZbigniew BoniekdefamationcourtsKrzysztof ParchimowiczOmbudsmanBeata MorawiecKraśnikNorwayNorwegian fundsNorwegian Ministry of Foreign AffairsMichał WawrykiewiczFree CourtsC-487/19populismequal treatmentfundamental rightspoliceCT PresidentJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18defamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019repressive actKoen LenaertsharrassmentAlina CzubieniakMinistry of JusticeJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote bill

Newest posts