Tag: Supreme Court
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)
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.
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.
Newest posts
04.03.2024
Bodnar’s Action Plan. How to restore the rule of law and unblock funds for the National Recovery and Resilience Plan [DETAILS]
21.02.2024
Bodnar: ‘I will hold Ziobro’s people accountable. I will change the courts, I will give the prosecutors independence’
18.01.2024
The courts are increasingly frequently awarding compensation to activists for mass breaches of their rights by the police
12.12.2023
Bodnar: Accountability, liquidation of the neo-NCJ and review of neo-judges. The courts must be for the people
06.12.2023
Designation of ad hoc judge by the ECtHR in Wałęsa v. Poland
10.11.2023