Tag: Supreme Court
Duda’s ‘commissioner’ stopped the deliberations of the Assembly of the Supreme Court Judges when the voting was not in line with his thoughts
The Supreme Court judges did not choose candidates to be Małgorzata Gersdorf’s successor for the second day in a row. On Saturday, the acting president of the Supreme Court, Kamil Zaradkiewicz, again rejected all the motions of the judges of the ‘old’ Supreme Court and took the floor away from them. And when the result of valid voting was not in line with his thoughts, he stopped the session.
Zaradkiewicz: Supreme Court will soon be worthy of the trust of the citizens in Poland
New acting first president of the Supreme Court judge Kamil Zaradkiewicz asks the Supreme Court’s judges to refrain from public activity, in particular in the media
Call to Jourová and Reynders: act to save democracy in Poland
Dozens of EU and constitutional law professors and associations of judges and prosecutors urge the European Commission to act and to prevent irreversible changes that will de facto exclude Poland from the circle of European legal culture and western democracy
Prosecutor Bogdan Święczkowski attacks Małgorzata Gersdorf, head of the Supreme Court
The National Prosecutor Bogdan Święczkowski, one of the Minister of Justice/ the Prosecutor General Zbigniew Ziobro’s closest associates, has demanded clarification from the First President of the Supreme Court, Małgorzata Gersdorf. He wants to know why she suspended the Disciplinary Chamber’s power of adjudication. Święczkowski’s letter sets a dangerous and unprecedented precedent that can be seen as an attempt at intimidation or to bring criminal charges.
Safjan on Constitutional Tribunal ruling: an extreme scenario, but even EU exit seems possible
The Constitutional Tribunal, by a decision of its full bench, ruled that the resolution of the three combined chambers of the Supreme Court is incompatible with the constitution and international law. According to Professor and CJEU Judge Marek Safjan, this ruling by the Constitutional Tribunal is “highly disturbing” and can even threaten Poland’s membership in the European Union.
Captured Constitutional Tribunal rules on the Supreme Court: Implementation of CJEU judgment inconsistent with EU law
“Once again, the Constitutional Tribunal has attempted to frustrate the implementation of the CJEU judgment of 19 November 2019.”, stated the case directly judge Piotr Pszczółkowski who issued a dissenting opinion.
CJEU: the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges
The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.
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
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)
‘I won’t let any of the caste members off the hook’. Dialogues of the ‘good change’ judges
How to hold criminals to account
Lex Woś. Solidarna Polska wants to ‘deputinise’ NGOs with an Act taken straight from Putin’s Russia
PiS’s new bill. Protection of the people or protection of the authorities?
Manowska wants legal judges of the Supreme Court to be prosecuted. Repression for applying EU law