Tag: Supreme Court
AG Tanchev suggests that Poland violated judicial independence
According to the Court of Justice’s Advocate General, Poland failed to guarantee effective legal protection by lowering the retirement age of Supreme Court judges and granting the President the discretion to prolong their mandate. The AG opinion is not binding on the ECJ, but the bench usually follows its conclusions.
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.
Three Steps Ahead, One Step Aside: The AG’s Opinion in the Commission v. Poland Case
The Court opened – through the second subparagraph of Article 19(1) TEU – of the possibility to apply Article 47 of the Charter
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
Violations of the rule of law principles in Poland despite recent amendments
The Supreme Court has not been the sole judicial institution under attack by the ruling majority. Since November 2015 the PiS has been increasing political control over other key bodies of the system, including the Constitutional Tribunal, the prosecution, the National Council of Judiciary, and ordinary courts.
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)
Supreme Court legend quits in response to President’s decision
Judge Stanisław Zabłocki, President of the Supreme Court and chairman of the Criminal Chamber, has announced his retirement in conjunction with recent modifications to the court’s rules that force heads of chambers to assign cases to appointees whose status is presently being questioned before the European Court of Justice.
Poland: From Paradigm to Pariah? Polish constitutional crisis – interpretations
Explanation and interpretation of the nature and possible causes of the the “Polish constitutional crisis”, i.e. backsliding on the part of Poland into authoritarianism. Firstly, historical – unique nature of the Polish transition from Communism to democracy. Secondly, legal explanation ascribes the crisis to the immaturity of Polish legal culture, in particular its excessive formalism. Third explanation is sociological and interprets the Crisis as one of liberal values in contemporary Polish society.
Six bold resolutions of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw of 20 September 2018
The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw points out that the method of forming a part of the membership of the National Council of the Judiciary through the appointment by the Sejm of 15 judges gives rise to serious reservations as to its compliance with the Constitution of the Republic of Poland and EU standards
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