#Poland's #RuleofLaw breakdown (ECHR dimension): Received unofficial translation of operative part of "Art 6(1) ECHR #Polexit II" pseudo ruling in bogus case no. K 7/21. It is as bad & irresponsible as one could have expected from unlawfully composed pseudo CT (🧵)
1/ Reminder: This is not the 1st "Art 6(1) ECHR right to fair #Polexit" pseudo ruling. See (bogus) case no K 6/21 which led the @CoE SG to take the rare step of activating Article 52 of the ECHR on 7 Dec 2021. Excerpt below from ECtHR judgment of 22 Feb 2022 in Advance Pharma
2/ Case K 7/21 is 2nd time, the pseudo "Constitutional Court", in an unlawfully bench formation, held Art 6(1) ECHR to be (allegedly) unconstitutional (an insult to intelligence) on the back of application by serial violator of Polish, EU and ECHR rule of law requirements
3/ To begin with, worth stressing the choice to appoint rapporteur in this case one of usurpers irregularly appointed to pseudo CT is clearly meant to show utter contempt of this 🦘body for the ECHR/ECtHR (further confirms
@EU_Commission is correct not to consider CT as a court)
4/ Re "substance", pseudo CT trying to preserve possibility for ruling coalition & little helpers to punish judges via disguised sanctions in form of eg transfers without consent & prevent them for challenging arbitrary measures under ECHR Law having neutralised 19(1) TEU already
5/ On forced transfer of a judge to punish judges not toeing the party line, see e.g. pending case of Biliński v Poland in which I submitted a TPI with @Judges4J rechtersvoorrechters.nl/third-party-in…
6/ Second main part of bogus ruling concerns ECHR "established by law" criterion. Here 🦘 CT, in short, seeking to save post 2018 irregularly appointed neo-judges, esp. SCt usurpers, & other captured/unlawful "courts" (eg disciplinary ch) from being reviewed under Art 6(1) ECHR
7/ To conclude, Polish ruling coalition via 🦘 has further deepened legal #Polexit from ECHR legal order having already organised legal #Polexit from EU right to effective judicial protection in 2021: ec.europa.eu/commission/pre…
8/ This contempt for basic/core components of right to a fair trial will seriously deepen legal chaos. From ECHR pt of view this will lead to plethora of new applications lodged against 🇵🇱 & its pseudo judges/compromised cts & in turn increasing no of defeats in Strasbourg (end)
PS here is @EU_Commission's reaction: = this should impact (non)approval of 🇵🇱's EU recovery plan by @vonderleyen @EU_Commission and shows i.a. one should not take seriously 🇵🇱 authorities' latest bills re disciplinary chamber, etc (h/t @TomaszBielecki)
@EU_Commission @vonderleyen @TomaszBielecki cc @JudgesSsp @ThemisSedziow @MedelEurope @JoseIgrejaMatos @Judges4J @EAJ_AEM_ERV @AEAJ2000 @dreynders @Verfassungsblog @EulawLive @RULEOFLAWpl
PS (2): This "judgment is yet another example of the process of first negating and then destroying the foundations of the European Union"
ruleoflaw.pl/statement-by-r…
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