#Poland’s #RuleofLaw Breakdown (Repression of judges update): More defiant *unlawful* repression of 🇵🇱 judges continues with Judge Rutkiewicz the latest 🇵🇱 judge *unlawfully* suspended by *unlawful* appointee of MoJ/PG for applying i.a. 🇪🇺 law/latest ECJ infringement ruling
This gave @GoodLobbyProfs no choice but to pen another statement of support. One can only hope @vonderleyen @VeraJourova @dreynders have already done so privately & are also busy working on new Art 258 actions, Art 260 referral to ECJ + activation of RoL Conditionality Regulation Image
In parallel, we are witnessing active (not to say criminal) collusion btw unlawful “judges” of Supreme Ct, unlawfully composed “Const Tribunal” & Polish gov to obstruct compliance with ia ECJ judgment in C-487/19 (re #FakeJudge of “Extraordinary Chamber”)
wyborcza.pl/7,75398,277901… Image
This pattern of active collusion with view of perpetuating systemic violations of 🇵🇱🇪🇺 #ruleoflaw requirements also concerns ECtHR judgment in Dolińska-Ficek and Ozimek v. Poland with – I kid you not – the unlawful judge at origin of C-487/19 imploring the government to step in.. Image
This has led to unprecedented rebuke from remaining independent SCt judges (mind you, a purge is in pipeline to get rid of them)
themis-sedziowie.eu/materials-in-e…
Perhaps @vonderleyen Commission will wake up & heed the stark unprecedented warning we heard from CJEU President recently (end) ImageImage
PS. Here is new President of 🇩🇪 Federal Constitutional Court on (the destruction of) judicial independence in 🇵🇱

zdf.de/nachrichten/po… Image

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More from @ProfPech

16 Nov
Considering inexorably increasing no of ECJ/ECtHR cases connected to #Poland's #RuleofLaw breakdown, have decided to attempt to emulate @rdanielkelemen's Brexit reality 🧵 & create 🧵 to chronologically lists all ECJ/ECtHR judgments (& most ECJ orders). Hope not to reach 1k... ⬇️
1/ 20 November 2017: ECJ (second) order in Case C-441/17 Commission v Poland (Białowieża Forest)
If you would like to know why I consider this ECJ order dealing with environmental law as key starting point of ECJ's 🇵🇱 related rule of law case law, see sieps.se/en/publication… Image
2/ 25 July 2018: ECJ judgment in Case C 216/18 LM (Deficiencies in the Polish system of justice)

For further analysis, see e.g. journals.sagepub.com/doi/abs/10.117… Image
Read 16 tweets
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/
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
7 Aug
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-…
Read 4 tweets
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
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
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

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