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Laurent Pech Profile picture
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7 Aug, 4 tweets, 3 min read
Another worth reading paper by @rumeliobserver @ESI_eu re way forward to deal with Poland's *deliberately* organised #ruleoflaw breakdown: impose financial sanctions equivalent to least 1% of GDP of country annually until full compliance with relevant ECJ ruling of 15 July 2021
What is possible in the short term at the very least is a daily penalty payment re non-compliance with ECJ order in Case C-204/21 R:
verfassungsblog.de/protecting-pol…
As a point of comparison, Czech Republic has recently requested ECJ to impose a daily penalty payment of €5 million *for every day* Polish authorities continue to violate the ECJ order in Case C-121/21 R (Turów mine)

independent.co.uk/news/eu-court-…
In any case, do read the paper by @rumeliobserver which is based on excellent sources if I may say so myself 😎 (updated/edited version of ECJ rule of law case book with @ProfKochenov forthcoming soon thanks to @SIEPS_Sweden)

cc @Patryk_1234567 Image

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Laurent Pech Profile picture
9 Aug
#RuleofLaw breakdown in #Poland: Let me try to evidence why Supreme Leader's recent announcement amounts to a variant of Orbán's peacock dance which should not distract from current 100% violation of both ECJ order of 14 July (204/21 R) & ECJ judgment of 15 July (791/19) (thread)
Let’s start with ECJ order = one which demands *IMMEDIATE* compliance/suspension of relevant provisions from day 1/until ruling on merits + imposes 1-month deadline to inform EU Comm of measures *ADOPTED* to comply with order failing what daily penalty payment can be requested 1/ Image
1st set of measures ordered: *immediate suspension* of provisions empowering Disciplinary Chamber (DC) to decide lifting of judicial immunity, etc + suspension of decisions *already* adopted + no case to be brought before body which lacks independence = NO COMPLIANCE YET 2/
Read 17 tweets
Laurent Pech Profile picture
18 May
Speaking of #ruleoflaw backsliding, this is yet another groundbreaking and lengthy 253-paras long ((preliminary) ruling from ECJ thanks to brave Romanian judges who were left with no choice because Commission doesn't do its job as Guardian of the Treaties. Some quick takes ⬇️
Context: Romania under previous rule of corrupt autocrat Dragnea faced abrupt backsliding with multiple legislative changes aimed to annihilate judicial independence. Today's ECJ judgment is connected to these legislative changes following 6 PR requests
verfassungsblog.de/how-to-adress-…
1st key aspect: TBOMK this is 1st ruling clarifying legal effects of CVM mechanism + reports with ECJ confirming EU principle of judicial independence imposes *positive* but also *negative* obligations (refrain from undermining) following Portuguese Judges line of case law
Read 9 tweets
Laurent Pech Profile picture
18 Apr
#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 ⬇️)
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)
Read 9 tweets
Laurent Pech Profile picture
2 Mar
#RuleofLaw breakdown in #Poland: Just finished reading this very welcome/important judgment in Case C‑824/18 which however won’t decisively halt deliberate organised-crime type destruction of judicial independence due to inherent limits of ECJ jurisdiction in PR case (Thread)
1/ This limitation notwithstanding, judgment is extremely welcome as strongest confirmation to date that EUMS must respect EU Law in particular when it comes to "enactment of national rules governing the process of appointing judges” + connected rules governing judicial review
2/ ECJ essentially makes clear (but TBC by referring court) that Polish authorities have violated EU law by adopting legislative amendments with *deliberate/systemic* aim of *preventing the ECJ* from ruling on questions referred to it by (not yet captured) PL Supreme Admin Court
Read 13 tweets
Laurent Pech Profile picture
19 Dec 20
Speaking of unlawful puppet body known as Poland's "Disciplinary Chamber" & its unlawful "decision" to void ECJ AK ruling, this development was mentioned for 1st time at ECJ level by AG Tanchev in his Opinion of 17 Dec 2020 in C-824/18

curia.europa.eu/juris/document…

cc @RULEOFLAWpl
@RULEOFLAWpl This is an important AG opinion which also for the 1st time mentions *and* makes use of Poland's Supreme Court resolution of 23 January 2020 which held the bogus "DC" not to constitute a court

On this resolution see my @reconnectEU post and paper

reconnect-europe.eu/blog/dealing-w…
@RULEOFLAWpl @reconnectEU Another "1st" at ECJ level: reference to lack of effective constitutional review in Poland but AG is still too diplomatic here as EU Comm, EU Parliament & CoE Parliament have been explicit about total lack of effective review + unlawful composition of CT

rechtersvoorrechters.nl/third-party-in…
Read 7 tweets
Laurent Pech Profile picture
17 Dec 20
EU toolbox update: New regulation "designed to protect EU funds from being misused by EU governments who bend the #ruleoflaw" approved by EP after being approved by Council on 14 Dec

To get my head around on how new mechanism will work I have put together yet another slide 😎⬇️
Step-by-step overview of new general (#ruleoflaw) conditionality mechanism for protection of #EUbudget

(any mistake PLMK)

(warning: rudimentary design of slide not pre-approved by @JoelleGrogan aka @stickytrickylaw but hope to convince her/"them" to help out with version 2.0) Image
@JoelleGrogan @stickytrickylaw Thanks to feedback received from @rdanielkelemen, I have corrected previous step 3

version 2.0 below Image
Read 5 tweets

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