Thread by @ProfPech

#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)

https://twitter.com/RULEOFLAWpl/status/1424639436760002563

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/

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/

2nd set of measures: immediate suspension of provisions empowering DC to decide matters of employment, social security, retirement of SC judges + no case re these matters to be brought before body which doesn’t satisfy EU judicial independence requirements = NO COMPLIANCE YET 3/

3rd measure ordered by ECJ: immediate suspension of provisions providing for disciplinary liability in a situation where Polish judges have examined compliance with the requirements relating to the EU right to an independent tribunal established by law = NO COMPLIANCE YET 4/

4th measure ordered by ECJ: immediate suspension of the provisions prohibiting Polish judges to review compliance with the requirements relating to the EU right to an independent tribunal established by law = NO COMPLIANCE YET 5/

5th measure: immediate suspension of provisions granting exclusive competence to another new bogus chamber known as the “Extraordinary Chamber” to review claims re lack of independence of any judge/court = 2nd sham chamber in part suspended (not merely DC) = NO COMPLIANCE YET 6/

REMINDER: ECJ order/ECJ overall interim jurisdiction re #ruleoflaw is currently “unconstitutional” following bogus decision from unlawfully composed CT & not recognised as legally valid by public authorities, including Supreme Leader = yet another set of violations of EU law...

Sweet irony of this = 🇵🇱 authorities now in a bind: either inform @EU_Commission of measures adopted to comply with order which would mean *recognising ECJ jurisdiction/order* & *violating sham ruling of their sham CT*) or they do not which would mean EU daily penalty payment 8/

Moving on to ECJ judgment of 15 July in C-791/19 re 🇵🇱 disciplinary *regime* for judges (journalists: no formal deadline here with fine and/or penalty payment possible but new procedure under Art 260 required unlike ECJ order where penalty payment can be requested right away) 9/

1st established violation of Art 19(1) TEU following failure to guarantee independence of DC = NO COMPLIANCE YET & mere dissolution with DC e.g. replaced with body which would similar lack independence (or with DC fake judges hidden elsewhere in SC) = STILL NO COMPLIANCE 10/

2nd established violation of second subparagraph of Art 19(1) TEU by allowing *content* of judicial decisions to be classified as a disciplinary offence = NO COMPLIANCE YET and no indication of any intention to comply...

3rd established violation of second subparagraph of Art 19(1) TEU by failing to guarantee that disciplinary cases are examined by a tribunal established by law = NO COMPLIANCE YET and no indication of any intention to comply... (with issue of PL SC PiS fake judges still live...)

4th established violation of second subpara of Art 19(1) TEU by failing to guarantee that disciplinary cases against judges of ordinary courts are examined within reasonable time and by failing to guarantee respect for rights of defence of accused judges = NO COMPLIANCE YET 13/

5th established violation of EU Law, in this instance Art 267 TFEU, by allowing the right of Polish courts and tribunals to submit requests for a preliminary ruling to the ECJ to be restricted by the possibility of triggering disciplinary proceedings = NO COMPLIANCE YET 14/

To conclude: Polish authorities are currently 100% in violation of both ECJ order and ECJ judgment of 14-15 July 2021 (and 100% in violation of fundamental principles underlying EU legal order/membership following #MuzzleLaw which is yet to be reviewed on merits by ECJ...) 15/

Should @vonderleyen @EU_Commission fall for mere (empty) promise of future (alleged/cosmetic) compliance with 1 issue (DC) while it has become "unconstitutional" to comply with ECJ rulings, it would amount to another instance of dereliction of duties (end)
link.springer.com/article/10.100…