Tag: preliminary rulings
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.
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.
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
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)
European Commission presents proposals for strengthening rule of law – Poland’s government reacts
Freedom House “Freedom in the World” 2019 report ranks independence of the judiciary in Poland
Forced transfer as harassment and “disciplinary measure”
Judges across Poland refusing to work with the neo-KRS. Łętowska: “It’s not a boycott, but a precaution”
ABA: In Poland, Erosion of Judicial Independence Continues