Dear @sjkaleta you’re in luck!
I’m an expert on #judicialindependence in French, ECHR and EU law so let me explain why you don’t know what you’re talking about (assuming you’re not here deliberately trying to mislead)
[thread]
I’m an expert on #judicialindependence in French, ECHR and EU law so let me explain why you don’t know what you’re talking about (assuming you’re not here deliberately trying to mislead)
[thread]
@sjkaleta 2. Some very basic points: French law CANNOT justify (obvious) violations of the basic requirements of judicial independence established by French Constitution/EU law (or Polish law for that matter)
conseil-constitutionnel.fr/la-constitutio…
conseil-constitutionnel.fr/la-constitutio…
@sjkaleta 3. French law does NOT allow for any sanction against any judge who seek to apply EU law as interpreted by the ECJ case law all the more when we’re talking about judicial independence also strictly protected under FR Const (again this is obvious for all but liars and ignoramuses) 
@sjkaleta 4. Re judicial independence in French law, let me run you through some basic guiding principles - again you’re in luck as there is exhaustive compendium published by Conseil supérieur de la magistrature (High Council for the Judiciary) available in FR & EN conseil-superieur-magistrature.fr/publications/r…
@sjkaleta 5. These official guidelines - revised in 2019 - consider inter alia provision of French law (Art 10 of ordonnance du 22 décembre 1958 portant loi organique relative au statut de la magistrature) you have deliberately misrepresented (or possibly proved unable to understand)
@sjkaleta 6. Virtually every single principle to be found in Chapter 1 of this official compendium relating to independence has been/is being violated by Polish ruling party
@sjkaleta 7/ Just some highlights as it's Sat morning after all.
Principle (no 3) which Polish MoJ forgot to stress: “Members of the judiciary shall defend the independence of the judicial authority … It requires them to act and rule […] without having to fear any disciplinary measure”
Principle (no 3) which Polish MoJ forgot to stress: “Members of the judiciary shall defend the independence of the judicial authority … It requires them to act and rule […] without having to fear any disciplinary measure”
@sjkaleta 8. See also principle (no 4): "As defenders of personal freedom, they shall apply the rules of law […] without giving into the fear of displeasing or the wish to please the executive power, legislative power, judicial hierarchy, media, public opinion or any other organisation.”
@sjkaleta 9. Rather than multiplying references to every principle ignored by Polish ruling party, let me go straight to last & fundamental principle listed at end of Chapter 1 which, to put it briefly, means your new Soviet-inspired disciplinary regime is WHOLLY INCOMPATIBLE with FR law
@sjkaleta 10. I could go on and on. For instance, I could mention this additional principle omitted by Polish authorities #Iwonderwhy
@sjkaleta 11. I could also mention principle no 17 of Chapter II (Impartiality) requiring *pro-active* defence by Presidents of the courts of appeal or courts of first instance of any judge who is the subject of attacks such as these: ruleoflaw.pl/polish-preside…
@sjkaleta 12. Now to return to Art 10 of ordonnance du 22 Dec 1958: it is referred in Chapter VIII (restraint and discretion) and appendix of compendium but you omitted (surprise surprise) how it ought to be applied in conformity with FR Const, EU, ECHR standards (see p 51 of 2019 edition)
@sjkaleta 13. This means provision CANNOT justify sanction of any judge upholding the rule of law and applying requirements of judicial independence established by EU and ECHR law. ECHR Baka case is explicitly mentioned in the compendium to make this clear
@sjkaleta 14. ECHR Baka case = views & criticisms expressed by judges on constitutional and legislative reforms affecting judiciary call for high degree of protection and strict scrutiny of any interference from national authorities (but maybe you're not familiar with ECHR case law too)
@sjkaleta 15. To also follow @encj_office - you know the European body which suspended bogus illegal Polish KRS - there is a duty to speak up against attacks on the rule of law encj.eu/images/stories…
@sjkaleta @encj_office 16. To conclude let me quote p 29 of French compendium: “The ethics of judiciary members must primarily be driven with concern for the independence and quality of the judicial system, of which they form the basis” Perhaps it is time you look into your own ethics (or lack thereof)
