Tweet

More from @J_Jaraczewski

Jakub Jaraczewski

@J_Jaraczewski

14 Jul

🇪🇺⚖️🇵🇱No rest for the wicked: tomorrow the Polish rule of law saga enters one more chapter. At 9:30 Brussels time, the Court of Justice of the EU will hand out its ruling in the case C-791/19, Commission vs Poland. (1/8)

It’s an infringement case where the Commission, broadly speaking, claims that the Polish system of disciplinary measures against judges, with the Disciplinary Chamber of the Supreme Court at its core, violates EU law. (2/8)

The Commission thinks that the Disciplinary Chamber is not an independent body and its President has too far reaching competences. It also claims that the procedural rights of judges facing disciplinary procedure are too weak. (3/8)

Read 8 tweets

Jakub Jaraczewski

@J_Jaraczewski

14 Jul

🇵🇱⚖️🇪🇺🧵And we're off, the Constitutional Tribunal is hearing the case P 7/20 on the conformity of CJEU interim measures with the Polish Constitution. Judge Stanisław Piotrowicz leads the proceedings with Sochański, Jędrzejewski, Piskorski and Stelina flanking him #manel (1/x)

Interestingly, one of these judges - Justyn Piskorski - has been appointed as a replacement of a judge who was appointed unlawfully in an analogous situation to that of judge Muszyński, the "hero" of ECtHR Xero Flor judgment.

Justyn Piskorski also continues to straight-facedly teach criminal law at the law faculty of my alma mater (Adam Mickiewicz University, Poznań). I wonder how his lectures on constitutional aspects of criminal law look like these days.

Read 39 tweets

Jakub Jaraczewski

@J_Jaraczewski

14 Jul

🇵🇱⚖️🇪🇺 Good morning, today the Polish Constitutional Tribunal hears another rule of law case - P 7/20, initiated by the Disciplinary Chamber of the Supreme Court. Yes, it's the legally dubious Chamber that was twice ordered by CJEU interim orders to shut down. They didn't. (1/6)

The Chamber is asking the Tribunal whether CJEU interim measures (such as the one CJEU issued wrt Disciplinary Chamber) are in line with the Polish Constitution. Yes, it's an EU Member State court asking another court in the same MS if the CJEU could tell it to shut down. (2/6)

As with yesterday's EU law case, a host of Polish state bodies are participating in the case, all of them likely aligning themselves with the Chamber except for the lone ranger, Adam Bodnar, who will be the only one to defend EU law and the competences of CJEU. (3/6)

Read 7 tweets

Jakub Jaraczewski

@J_Jaraczewski

13 Jul

🇵🇱⚖️🇪🇺 "The Court of Justice of the European Union doesn't always understand the EU law correctly" says the representative of the Prime Minister as the case before the Constitutional Tribunal kicks off. Italian 🇮🇹 and German 🇩🇪 Constitutional Courts are being invoked, too.

The Polish government arguing that the principle of legality is the pinnacle of the rule of law just after Polish courts found that anti-covid19 measures introduced by the government via decrees were a clear breach of the rule of law is some delicious irony.

Somebody in Karlsruhe is (hopefully) very not happy with how the decades of (granted, sometimes eye-roll inducing) judicial dialogue between FCC and CJEU are being abused and weaponised to legitimise the damage to the rule of law on the other side of the Oder river.

Read 17 tweets

Jakub Jaraczewski

@J_Jaraczewski

8 May

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)

Read 8 tweets

Jakub Jaraczewski

@J_Jaraczewski

7 May

⚖️🇵🇱 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)

Read 5 tweets

Share this page!

Jakub Jaraczewski

Try unrolling a thread yourself!

More from @J_Jaraczewski

Jakub Jaraczewski

Jakub Jaraczewski

Jakub Jaraczewski

Jakub Jaraczewski

Jakub Jaraczewski

Jakub Jaraczewski

Did Thread Reader help you today?

Like this author's thread?