🇵🇱⚖️🇪🇺 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)
At stake, once again, is respect for EU law and the Luxembourg court. They've already been damaged by the Disciplinary Chamber flouting the interim orders, but now with a view towards a flimsy legal excuse to do so, the damage will be even greater. (4/6)
Just as this all is happening, @vonderleyen met with Polish PM Morawiecki and discussed, among others, "rule of law issues". I'd say the time for discussion is long over and the Commission needs to act, as what we're witnessing is a snowballing caused by prior inaction. (5/6)
Of course, I'll be live-tweeting about today's case at the Polish Constitutional Tribunal - made all the easier by them live-streaming the stuff, since recently in FullHD! Sadly, no English subtitles yet. (6/6)
Too much typing, too little caffeine - CJEU ordered the Chamber to shut down via one interim order so far, BUT there's a high chance there will be another one very shortly, so this could have been a subconsciously predictive tweet as Monsieur Laurent Pech kindly observed. (7/6)

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jakub Jaraczewski

Jakub Jaraczewski Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @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
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 41 tweets
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
13 Jul
🇵🇱⚖️🇪🇺Good morning, today at 11:00 Warsaw time the Polish Constitutional Tribunal is set to hear the case K 3/21, an application from the Prime Minister Morawiecki, on the relationship between Polish law and EU law. (1/4)
One could go into commenting the whole extent of the 129 page long application, but I really like how utterly synthetic is the official position of the Polish ombudsman in this case. (2/4)
It takes 2 pages and says two things: the case should be discontinued and the Constitutional Tribunal, as a Member State court, ought to follow art. 267 TFEU and refer the matter at hand to the Court of Justice of the European Union. (3/4)
Read 5 tweets
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
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) Image
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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(