Thread by @ProfPech

#RuleofLaw breakdown in #Poland: AG Tanchev Opinion in Case C-487/19 is indeed unprecedented to extent that it offers unambiguous, crushing indictment-type assessment of a sitting head of state, in this instance, (unconstitutionally elected) 🇵🇱 President @AndrzejDuda (Summary ⬇️)

https://twitter.com/JudgesSsp/status/1382992946870509568

1/ Duda violated 🇵🇱/🇪🇺 law by appointing individuals to CECPA in Oct 2018 "despite the fact that an appeal had been brought against" relevant resolution & "its execution had been stayed" & "despite the fact that the proceedings before the [SAC] had not been concluded” (para 7)

2/ by appointing individual in charge of examining WZ’s appeal to CECPA on 20 February 2019 "despite the ongoing proceedings” (para 9)

3/ "by way of its *conduct*, is *interfering* in the process of appointing judges in a manner which risks compromising the future independence of those judges" (para 60 where reference to "State" must be understood as referring to i.a. Duda)

4/ by committing a twofold violation of Article 179 of 🇵🇱 Constitution/national rules as they must be interpreted in conformity with applicable 🇪🇺 law (paras 61-63)

5/ by *deliberately* violating a judicial decision which “demonstrates a lack of respect for the principle of the #ruleoflaw and constitutes per se an infringement by the executive branch" of ‘fundamental rules governing judicial appointments (para 65)

6/ by *deliberately* ignoring 🇵🇱 Supreme Administrative Court’s order of 27 September 2018 = Duda committed a "*deliberate* breach of that order" (para 85)

7/ by committing a "manifest and deliberate" violation of the order of 🇵🇱 Supreme Administrative Court, Duda is responsible for a "flagrant breach of the rules of national law governing the appointment procedure for judges" (para 87)

Conclusion: Not aware of any other instance where an EU AG has repeatedly emphasised manifest/deliberate/serious violations committed by sitting head of state when it comes to judicial appointment rules/compliance with judicial order. This is 🇵🇱 State Tribunal territory (end)