In the absence of full text of ruling for time being (as far as I can see) a quick thread based on the (comprehensive) ECJ press release
#RuleofLaw #Poland
#RuleofLaw #Poland
1/ Two most important features of ECJ VP order: its *immediate* suspensive effect re rules on forced retirement of SCt judges & its *retroactive* effect re SCt judges already dismissed on basis of these rules
2/ On the + side (that is if you believe in the #ruleoflaw): all previously “purged” SCt judges must be reinstated + current First President of SCt must remain in place (as per the Polish Constitution one may add)
3/ Later obligation creates a possibly unprecedented situation where the ECJ is essentially prohibiting national authorities from arbitrarily removing a chief justice at a point in time where the same national authorities consider the chief justice to have already been retired… 
4/ On the - side (because Commission failed to ask ECJ to deal with this): issue of new appointments is raised without order seemingly addressing unconstitutional packing of SCt with "friendly" appointees selected by similarly “friendly” body. More here: euronews.com/2018/09/17/rul…
5/ One month is given to Polish authorities: will we see repeat of Białowieża Forest saga? Why was no application made that Poland be ordered to pay penalty payment if it fails to respect directions set out in today’s order? (not 100% certain however it is procedurally possible)
6/ Tentative assessment: ECJ order should be welcomed; shame Commission did not ask ECJ to tackle issue of new appointments/involvement of captured National Council for the Judiciary whose membership of relevant European network was suspended last August: encj.eu/node/495
7/ Broader Q: is this a good day/bad day for autocrats/would-be autocrats? while a judicial purge can be stopped by ECJ order suggests one may still be able to get away with plainly unconstitutional court packing & de facto capture court by just outnumbering sitting judges
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