⚖️🇵🇱🇪🇺European Commission, CJEU, Poland and rule of law: not an April's Fools thread. Some questions regarding yesterday's rule of law day answered: (1/13)
1. What is the "muzzle law"?
It's a set of recent laws that are clearly aimed at silencing Polish judges on the rule of law. This pertains to both removing their ability to question the independence of other judges and to considering such notions as disciplinary offence. (2/13)
It's a set of recent laws that are clearly aimed at silencing Polish judges on the rule of law. This pertains to both removing their ability to question the independence of other judges and to considering such notions as disciplinary offence. (2/13)
The "muzzle law" also requires Polish judges to disclose information on any civil society activities of theirs - from membership in judges' associations to local science fiction fan club. The Commission says that this violates both the right to private life and the GDPR. (3/13)
2. What is the Commission doing?
It's applying to CJEU to examine the "muzzle law" and requests for it to be found incompatible with EU law. The Commission is also requesting that CJEU issues interim orders (injunctions, for you common law folks). (4/13)
It's applying to CJEU to examine the "muzzle law" and requests for it to be found incompatible with EU law. The Commission is also requesting that CJEU issues interim orders (injunctions, for you common law folks). (4/13)
3. What are those interim orders about?
The Commission wants CJEU to halt the activity of the Disciplinary Chamber of the Supreme Court, including it lifting judicial immunity from criminal prosecution - including rolling back immunities lifted so far. (5/13)
The Commission wants CJEU to halt the activity of the Disciplinary Chamber of the Supreme Court, including it lifting judicial immunity from criminal prosecution - including rolling back immunities lifted so far. (5/13)
It also wants the CJEU to suspend the elements of "muzzle law" outlined above.
4. Didn't CJEU already issue an interim order on this or are my notes from Poland scrambled?
They're not. The CJEU did already issue an interim order concerning the Disciplinary Chamber. (6/13)
4. Didn't CJEU already issue an interim order on this or are my notes from Poland scrambled?
They're not. The CJEU did already issue an interim order concerning the Disciplinary Chamber. (6/13)
It ordered Poland to halt any activity of that Chamber, but Poland didn't comply. Unfortunately, with that interim order the CJEU did not empower the Commission to use financial sanctions to enforce the order, leaving it toothless. (7/13)
5. What next? When can we expect CJEU to act?
CJEU is a cantankerous court, it can take ages to reach some decisions and it can blitz towards others. On one previous interim order, it took the court just 17 days to issue it. Hopefully it will be just as fast this time. (8/13)
CJEU is a cantankerous court, it can take ages to reach some decisions and it can blitz towards others. On one previous interim order, it took the court just 17 days to issue it. Hopefully it will be just as fast this time. (8/13)
6. Why is timing so critical here?
It seems like the Commission is taking broad, general action, but the interim order request has a very specific application: the case of judge Igor Tuleya. His immunity was lifted and he faces criminal charges. (9/13)
It seems like the Commission is taking broad, general action, but the interim order request has a very specific application: the case of judge Igor Tuleya. His immunity was lifted and he faces criminal charges. (9/13)
The CJEU interim could shield Tuleya (and other activist judges) from prosecution, so it's now race against time. Hopefully nobody in Luxembourg took an extended vacation around Easter. (10/13)
7. Will the CJEU issue a "hard" interim order with sanctions?
Hopefully. Financial pressure is about the only thing the Polish government seems to be respecting. Covid-19 leaves Polish economy in an increasingly bad shape and Poland can't really afford to lose EU money. (11/13)
Hopefully. Financial pressure is about the only thing the Polish government seems to be respecting. Covid-19 leaves Polish economy in an increasingly bad shape and Poland can't really afford to lose EU money. (11/13)
8. Interim order aside, when will the CJEU rule on merits?
The judgment on merits is crystal ball territory. Let's not forget that there are multiple other Polish cases pending before CJEU (see @ProfPech and his inforgraphics of quick reference), so this is a long run. (12/13)
The judgment on merits is crystal ball territory. Let's not forget that there are multiple other Polish cases pending before CJEU (see @ProfPech and his inforgraphics of quick reference), so this is a long run. (12/13)
9. So, is this a positive development?
Certainly. The Commission was heavily criticised for not moving fast enough on Poland. There are some finer elements of the Commission's case that could be stronger, but overall, this is a very welcome move from Jourová and Reynders. (13/13)
Certainly. The Commission was heavily criticised for not moving fast enough on Poland. There are some finer elements of the Commission's case that could be stronger, but overall, this is a very welcome move from Jourová and Reynders. (13/13)
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