Tag: Supreme Court




Translation of Supreme Court rulings applying ECJ judgment of 19 November 2019

Court of Justice holds that domestic courts are to review the independence of the new National Council of the Judiciary and the Disciplinary Chamber

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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)

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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)

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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

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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.

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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.

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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.

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Supreme Court queries ECJ about new appointee

Controversy is growing around the forced transfer of judge and former National Council of Judiciary spokesperson, Waldemar Żurek, from the second instance district court in Cracow to a court of the first instance.

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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.

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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.

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rule of lawSupreme Courtdisciplinary proceedingsjudicial independenceCourt of JusticeNational Council of the JudiciaryEuropean CommissionDisciplinary ChamberjudgesConstitutional TribunalZbigniew ZiobroAndrzej DudaEuropean Unionjudiciarypreliminary rulingsMinister of JusticeCJEUPresidentProsecutor Generalprosecutors2017Freedom HouseExtraordinary Control and Public Affairs ChamberVenice Commissiondemocracymuzzle lawCourt of Justice of the EUIgor Tuleyademocratic backslidingdecommunizationfreedom of assemblyLaw on the NCJrecommendationFirst President of the Supreme CourtAdam BodnarHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroConstitutionfreedom of expressionLaw and Justiceprosecution11 January March in WarsawPolandJarosław KaczyńskipopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJulia PrzyłębskaJustice 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-619/18PM Mateusz Morawieckidefamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019European Association of JudgesNCJrepressive actKoen LenaertsHungarycriminal lawharrassmentAlina CzubieniakMinistry of JusticeJustice FundGerard BirgfellerNational ProsecutorEwa Maciejewskadisciplinary systemelections 2020postal votecoronavirusCOVID-19

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