Tag: Supreme Court
PiS wants to leave the illegal Disciplinary Chamber intact. It has submitted a bill countering President Duda
A group of PiS MPs have submitted a bill to the Sejm which they claim will implement the CJEU ruling and unlock billions of euros for Poland. However, PiS does not want to liquidate the Disciplinary Chamber, but only take away its disciplinary cases regarding judges. PiS’s bill strikes at Duda’s initiative.
Liquidation of the Disciplinary Chamber. Duda’s and Manowska’s bill contains traps
The Disciplinary Commissioner will be able to prosecute a judge who interprets that the Catholic Church is liable for the crime of paedophilia of its subordinates. And this is just one of the possible dangers contained in the presidential bill.
Mission Possible, or in other words how to restore the rule of law
Our proposal justly differentiates the situations of judges who knowingly chose promotion, while other boycotted defective recruitments – argue lawyers from the Free Courts initiative Michał Wawrykiewicz, Paulina Kieszkowska-Knapik, Sylwia Gregorczyk-Abram, Maria Ejchart-Dubois
Duda’s dangerous proposition. Will some of the opposition fall into this trap?
Support from a part of the opposition for the presidential bill for revitalising the Disciplinary Chamber of the Supreme Court would, among other things, be in conflict with the recently concluded Agreement for the Rule of Law. And in conflict with the rulings of the European courts – in Luxembourg and Strasbourg.
President gives an excuse
The reform of disciplinary proceedings is to involve the – repeatedly announced – liquidation of the Disciplinary Chamber and the establishment of a new Chamber, the Professional Liability Chamber. The judges of what has been the Disciplinary Chamber to date are to be parcelled out to other chambers, which means they will be dominated by neo-judges. Well, unless they choose to retire – on very financially-attractive terms.
Małgorzata Manowska blocks the implementation of an important CJEU judgment
Step by step, the neo-judges are taking control over the old, legal Supreme Court. The First President of the Supreme Court, Małgorzata Manowska, has just dismissed all the heads of division in the Civil Chamber. Manowska is also blocking the implementation of a CJEU ruling regarding the legality of the Supreme Court’s neo-judges
The neo-judges are going for full control over the legal Civil Chamber of the Supreme Court. Old Supreme Court judges will be dismissed
The reorganisation planned for January is to give the neo-judges full control over the Civil Chamber. Its result will be that old judges will lose the managerial positions of the divisions and neo-judges will take their place. The names in line for ‘promotion’ include Kamil Zaradkiewicz.
Judge Żurek: the authorities will try to bribe and intimidate the judges. But this won’t work
‘The authorities will try to use the carrot-and-stick method: a stick for those judges who are fighting for the rule of law, and a carrot for those they try to persuade over to them,’ believes Judge Waldemar Żurek. We discuss scenarios of further changes in courts and judges’ reactions to them
New regulation to annihilate the ‘old’ Supreme Court and silence judges
President Andrzej Duda has issued a regulation silencing the old judges of the Supreme Court and restricting their initiative. In exchange, it strengthens the position of President Manowska and the new judges. It also sanctions the principle of non-disclosure of cases in the Supreme Court.
After the judgment of the Supreme Administrative Court. The nominations for the new Supreme Court judges, including President Manowska, are invalid
In precedent-setting judgments, the Supreme Administrative Court undermined the validity of the selection of the new Supreme Court judges. It ruled that the recruitment to the Supreme Court was defective from the outset, while the new NCJ, which gave the nominations, was dependent on the politicians. The Supreme Administrative Court’s judgments have now opened the door to declaring the new Supreme Court judges illegal.
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