🇪🇺⚖️🇵🇱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)
The Commission also states that the institution of disciplinary charges against judges over the content of their rulings infringes on their independence. (4/8)
Finally, it says that this whole scaffolding imperils the institution of referrals to the CJEU (legal questions from Member State courts) with regards to Poland by causing a "chilling effect" preventing them from using the institution. (5/8)
In an earlier opinion, AG Tanchev agreed with the Commission. Will the Court follow suit? How will Poland react? What will the Commission do? We’ll find out tomorrow (well, at least some of it). (6/8) 
Now, in many ways the CJEU is the exact opposite of the Polish Constitutional Tribunal. The Luxembourg court is independent, respected and staffed with competent jurists. But there’s one aspect where the Polish Tribunal is ahead – it livestreams its hearings. (7/8)
Despite many calls (such as from @alemannoEU and @TheGoodLobby ), CJEU is firmly stuck in XX century (or even earlier) and does not broadcast its hearings in a way that would make my job any easier. (8/8)
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