Tag: Supreme Court
The Disciplinary Chamber of the Supreme Court as an exceptional court
The Disciplinary Chamber satisfies features of an exceptional court, despite its nominal inclusion in the structure of the Supreme Court. As a result, fundamental doubts arise as to whether the rulings issued by this chamber are judicial decisions in the meaning of the Constitution – argues prof. Włodzimierz Wróbel (Jagiellonian University)
NGOs and academics urge von der Leyen to block disciplinary measures with ECJ help [open letter]
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)
Oral justification of the Supreme Court judgment in connection with the CJEU ruling regarding the Disciplinary Chamber and the National Council of the Judiciary
Thanks to the Association of Judges “Themis”, we publish the translation of oral justification of the Supreme Court judgment of 5 December 2019 in case in which it requested the Court of Justice for preliminary ruling of 19 November 2019
Common Position on the Judgment in Joined Cases A.K. and Others (C-585/18, C-624/18 and C-625/18)
Following the delivery of the judgment of the Court of Justice of the European Union in Luxembourg on the National Council of the Judiciary and the Disciplinary Chamber, we emphasise that all authorities of the Republic of Poland are obliged to fully execute the said judgment.
Supreme Court President: government and parliament must intervene to avoid legal chaos
First President of the Supreme Court, Małgorzata Gersdorf, issued a statement imploring the Polish government and parliament to intervene in order to avoid an eruption of legal chaos in the wake of the 19 November judgment of the Court of Justice of the EU, issued in response to questions referred by the Labour Law and Social Security Chamber of the Supreme Court.
This judge may blow up the new disciplinary regime. The ECJ may help
For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional 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
Venice Commission opinion on the “muzzle law”
Incredible official position of the Ministry of Justice regarding the opinion of the Venice Commission
“We nominated them”. Did Minister Ziobro accidentally reveal who supported the judges to the NCJ?
Gersdorf makes her move. Three Supreme Court chambers to rule on dodgy judicial nominations
Judges under fire: 43 judges already targeted by disciplinary officer and prosecutors