, 22 tweets, 7 min read Read on Twitter
As on 19 October the interim relief regarding law on the Supreme Court has been ordered (C-619/18 R), Polish authorities have up to 1 month to inform the Commission on all measures adopted to comply with the relief. Here's a brief state of play 1/18
Immediately after the interim measure has been granted, the First President of the SCt summoned all 22 judges affected by new laws. 2/18
A few hours before the same decision had been held by the First President of the Supreme Administrative Court (SAC) as the questioned laws apply directly to judges of this court (i.e. forced retirement and arbitrary prolongation proceedings). 3/18
Until now, 14 out of 22 SAC judges decided to show up at work. All 22 judges of the SCt did so. 4/18
At the same time representatives of legislative and executive branches started their same old story. Despite Poland voluntarily agreed on the rules of proceedings before the CJEU, they complain about the order has been granted by one judge which suggests lack of legality. 5/18
PiS source of discontent is also that Poland has not been heard by the CJEU as the interim measure was granted _ex parte_. 6/18
The MFA, MoJ and prominent PiS members also claim they'll *appeal* against the order despite they're well aware it's impossible. 7/18
What is the most important is that PiS repeatedly says new law is needed to comply with the interim measure which allows judges in question to re-adjudicate. 8/18
According to them, these judges must be appointed *once again* by the politically-dependent National Council of the Judiciary (KRS) and PL President. 9/18
Let alone even under laws questioned by the Commission they're not retired since PL President hasn't obtained Prime Minister's countersignature needed to make his decisions on non-prolongation of judges' mandates valid. 10/18
So, to me, the dispute before the CJEU at the moment is in fact on the *interpretation* of national laws on which the judiciary and executive/legislative branches differ 11/18
This is particularly important since it's the government, not courts, which holds *dialogues* with the EU institutions and is represented before the CJEU. Therefore only PiS's narrative is officially presented to the EU. 12/18
Back to appointment proposal: PiS suggest the new KRS must hear the judges and ask PL president to nominate them. This is ridiculous as they're still acting judges... 13/18
...and the CJEU has power to amend the interim measure anytime it wants to. So it's impractical to change domestic laws after every amendment of the order. 14/18
Moreover, the composition of the new KRS is questioned under Article 7 proceedings, so involving this body to comply with the measure is really an example of playing the whole EU the fool. 15/18
At the same time representatives of PL President, PiS and the gov constantly not recognise prof. Gersdorf as the First President of the SCt and all mentioned judges as acting ones. 16/18
The new KRS acts the same: it recently stated judge Zabłocki (Vice-President of the SCt) is still retired. krs.gov.pl/pl/aktualnosci… 17/18
Lastly, as the interim measure is addressed to *all* state bodies, the First President of the SCt has just informed the Commission on measures adopted to comply therewith. 18/18
To conclude: PiS and the new KRS still don't comply with the interim measure whilst the judiciary (SAC, SCt) did so immediately. No progress on stopping the attack of two branches of power against the judiciary...
Quick update before Friday's hearing: despite the politicised National Council of the Judiciary told it would comply with the interim measure and hold all pending nominating proceedings, it's been revealed that it secretly pursues the mentioned proceedings wiadomosci.onet.pl/tylko-w-onecie…
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