⚖️🇵🇱 The European Court of Human Rights judgment in the case Xero Flor sp. z o.o. v Poland - violation of art. 6 § 1 of the Convention on the count of an illegally appointed judge of Polish Constitutional Tribunal presiding over a case. (1/3)
This is an earthquake on many counts - the first assessment of the situation in the Polish Constitutional Tribunal by ECtHR, a rare look by Strasbourg into a constitutional court, and a verdict that strikes at the heart of the takeover of the Tribunal by the ruling party. (2/3)
Beyond all the legal ramifications, the applicant in this case makes history - a private company producing rolling grass carpets for your roof or balcony fights successfully for the rule of law in Poland. Poetic, if anything. (3/3)
If anybody is expecting a complete analysis of the judgment right away, well, it's 110 pages long including a partly concurring/partly dissenting opinion of the Polish Judge K. Wojtyczek. This will take a moment. (4/3)
Also, peak Strasbourg. (5/3)
• • •
Missing some Tweet in this thread? You can try to
force a refresh
You know what's best about the ECtHR Xero Flor case? It's how it shows that the rule of law affects us all. By now you all know that the applicant in the case was a company producing rolling turf and grass, but how did the case come to be? It all started with these cuties:
(1/8)
A group of boars wandered out of a forest in western Poland and did what boars do best: dug their snouts into a field in search of food. But that was no ordinary field, but a field of rolled turf owned by Xero Flor sp. z o.o. (2/8)
In Poland, the state is liable for damage caused by wild game from public forests. Xero Flor sought compensation for having their rolled grass messed up by boars, but in doing so they discovered that secondary legislation - a ministerial decree - puts them in a bad spot. (3/8)
⚖️🇵🇱🇪🇺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)
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)
🇧🇪⚖️Wednesdays are increasingly becoming the rule of law days. Hot on the heels of the Commission taking action on Poland, a court in Brussels orders the Belgian government to immediately lift all covid-19 emergency measures or pay a fine for every day of delay in doing so. (1/6)
Reasons? Legality - the measures were introduced by means of decrees of the government, not via law enacted by the parliament. The government is to provide an accurate legal basis for the measures or ... face a not exactly excessive fine of 5k EUR daily, up to 200k EUR. (2/6)
But the real point here is - countries worldwide, including developed, lawful democracies, have resorted to limiting rights and freedoms via secondary legislation. Poland is another example of this practice, as most restrictions are imposed via governmental decrees. (3/6)
The European Commission takes Poland to CJEU over the "muzzle law" (silencing judges speaking on rule of law issues) and requests the CJEU to issue interim measures halting actions of the Disciplinary Chamber of the Supreme Court and to annul all waiving of judicial immunity.
With multiple criminal cases underway where the immunity of judges was lifted, the timing of this measure is critical. Of course the question is, will the Polish government comply?
Full press release of the Commission, complete with some background info to help understand this complex legal scaffolding: ec.europa.eu/commission/pre…
🇵🇱👩⚖️⚖️🇪🇺 The Prime Minister of Poland is requesting the Constitutional Tribunal to "once and for all establish that the Polish Constitution is superior to EU law". This is wrong on many levels. (1/7)
First of all, the relationship between national law and EU law has been the subject of several landmark decisions of CJEU in the past. This matter is more or less resolved on the EU side of the things and there's little ambiguity here. (2/7)
On the Polish end, this has been resolved, too. The Polish Constitution, sadly, does not have much in the way of tackling the issue, as unlike some other MS it lacks an "EU Chapter" that would detail how does EU law fit into the Polish legal system. (3/7)
🇵🇱⚖️🇪🇺Today's CJEU judgment regarding Poland, a FAQ:
Where did this case come from?
It’s a referral from the Polish Supreme Administrative Court. Which means that the CJEU was limited to answering judicial questions from the Polish court.
(1/6)
What is it about?
In a nutshell, it’s about judges who were almost appointed to the Polish Supreme Court, but a series of legislative amendments, changes to the National Council of Judiciary and decisions by the President left them ultimately shut out of the appointment.
(2/6)
What did the CJEU say?
In plain words: it’s quite possible that this legal and institutional scaffolding is contrary to EU law, and if you, the referring Polish court, were to find so, apply the principle of EU law primacy and disregard domestic norms that violate EU law.
(3/6)