Thread by @ProfPech

Just finished reading Opinion of AG Tanchev which is very much worth reading re Polish Law on the Supreme Court & Art 19(1) TEU (EUMS shall provide remedies sufficient to ensure effective legal protection in the fields covered by EU law) – quick thread

curia.europa.eu/juris/document…

https://twitter.com/ProfPech/status/1116269321964204033

Was concerned we could end up with half empty-half full Opinion à la Celmer but AG's assessment is unambiguous and fully correct dare I add 2/

Most worthwhile aspect of the Opinion is however the excellent sources it relies on :) 3/

cc @ProfKochenov @carlos_closa @PlatonSbastien

@ProfKochenov @carlos_closa @PlatonSbastien This neatly explains importance of case & some of innovative issues being raised (technically this pending infringement action is however only one of 3 against Poland in which Comm is raising a violation of Art 19(1) TEU) 4/

@ProfKochenov @carlos_closa @PlatonSbastien Another important para pointing out the systemic importance of forthcoming ruling of ECJ re systemic threat to rule of law in Poland (with AG simply applying well established case law to disregard Polish gov’s desperate point re Law of 21 Nov 2018) 5/

@ProfKochenov @carlos_closa @PlatonSbastien Nice to see Hungarian gov being the only EU nat gov which doesn’t mind using (wasting?) taxpayers’ money to support Polish authorities in their ongoing attempt to annihilate judicial independence (they must know they should be next…) 6/

@ProfKochenov @carlos_closa @PlatonSbastien Award of most laughable/obviously misleading claim raised by Polish government (among many others) should I think go to the one mentioned in para 39

https://twitter.com/ProfPech/status/1008620139082809345

7/

@ProfKochenov @carlos_closa @PlatonSbastien With claim in para 37 a close 2nd for me. Of course well-known that Polish authorities have never attacked independent judges for their decisions and that the "reforms" are only justified for age balance, efficiency, etc., purposes 8/

@ProfKochenov @carlos_closa @PlatonSbastien Returning to Opinion, this is I think first time AG deals with (unpersuasive) claim Art 7 would be a lex specialis (had heard this argument has been opposed to Timmermans within Commission to delay action before...) 9/

@ProfKochenov @carlos_closa @PlatonSbastien Fwiw also in full agreement with AG’s assessment re Art 19(1) TEU & Art 47 EUCFR: their material scope is not identical and a MS may be subject to action based on 19(1) even when MS is not implementing EU within meaning of EU Charter 10/

@ProfKochenov @carlos_closa @PlatonSbastien Time to conclude (dinner time here): this is para I enjoyed most as it completely demolishes usual comparative law nonsensical claim made by Polish authorities which should perhaps focus on complying with Polish Const & EU law rather than looking for worst practices abroad (end)