Laurent Pech 🇺🇦 Profile picture
Nov 16, 2021 23 tweets 16 min read Read on X
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…
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…
3/ 19 October 2018: ECJ VP (provisional) order in Case C-619/18 Commission v Poland (Independence of Supreme Court)

For further analysis and references, see e.g. sieps.se/en/publication…
4/ 17 December 2018: ECJ (final) order in Case C-619/18 Commission v Poland (Independence of Supreme Court)

For further analysis and references, see also sieps.se/en/publication…
5/ 24 June 2019: ECJ judgment in Case C-619/18 Commission v Poland (Independence of Supreme Court)

For further analysis, see in particular kluwerlawonline.com/journalarticle…
and
cambridge.org/core/journals/…
6/ 5 November 2019: ECJ judgment in Case C-192/18 Commission v Poland (Independence of ordinary courts)

For further analysis and references, see sieps.se/en/publication…
and a more concise analysis, see e.g.
dcubrexitinstitute.eu/2019/11/the-in…
7/ 19 November 2019: ECJ judgment in Joined Cases C-585/18, C-624/18 and C-625/18 AK (Independence of the Disciplinary Chamber of the Supreme Court)

For further analysis and references, see sieps.se/en/publication…
8/ 26 March 2020: ECJ judgment in Joined Cases C-558/18 and C-563/18 Miasto Łowicz and Prokurator Generalny (Disciplinary regime of judges)

For further analysis and references, see sieps.se/en/publication…
9/ 8 April 2020: ECJ order in Case C-791/19 Commission v Poland (Protecting Polish Judges from Political Control).

In addition to source above, see my detailed analysis in the @CMLRev here: kluwerlawonline.com/journalarticle…
10/ 17 December 2020: ECJ judgment in Joined Cases C-354/20 and C-412/20 L and P (Independence of the Polish issuing judicial authority)

In addition to @SIEPS_Sweden casebook linked above, for a shorter take, see @Verfassungsblog post with @Patryk_1234567 verfassungsblog.de/1825-days-late…
11/ 2 March 2021: ECJ judgment in C-824/18 AB and Others (Appointment of judges to the Supreme Court – Actions).

For further analysis and references, see @SIEPS_Sweden casebook sieps.se/en/publication…
12/ 7 May 2021: ECtHR judgment in the case of Xero Flor w Polsce sp. z o.o. v. Poland (Irregular composition of Poland’s Constitutional Tribunal)

For further analysis, see i.a. verfassungsblog.de/the-ecthr-step…
and verfassungsblog.de/what-should-an…
13/ 29 June 2021: ECtHR judgment in the case of Broda and Bojara v. Poland (Premature and arbitrary removal of two vice-presidents of a Polish regional court)

For further analysis, see verfassungsblog.de/too-little-too…
14/ 14 July 2021: ECJ VP (first) order in Case C-204/21 Commission v Poland (Safeguarding the Independence of Polish Judges post ‘Muzzle Law’)

For further analysis and references, see @SIEPS_Sweden casebook co-authored with @ProfKochenov
sieps.se/en/publication…
15/ 15 July 2021: ECJ judgment in Case C-791/19 Commission v Poland (Protecting Polish Judges from Political Control)

For further analysis, in addition to @SIEPS_Sweden casebook above, see @Verfassungsblog post for quicker take: verfassungsblog.de/protecting-pol…
16/ 22 July 2021: ECtHR judgment in the case of Reczkowicz v. Poland (Irregular appointments to Disciplinary Chamber of Poland’s Supreme Court)

For further analysis, see @Verfassungsblog post by @marcinszwed89 verfassungsblog.de/hundreds-of-ju…
and for broader take verfassungsblog.de/the-jokes-have…
17/ 20 September 2021: ECJ VP (second) order in Case C-121/21 Czech Republic v Poland (Turów mine)

For brief take ceje.ch/fr/actualites/…

NB While not about RoL, order worth noting as as it follows open violation of previous order, evidencing pattern of systemic non-compliance
18/ 6 October 2021: ECJ VP (second) order in Case C-204/21 Commission v Poland (Safeguarding the Independence of Polish Judges post ‘Muzzle Law’)
19/ 6 October 2021: ECJ judgment in Case C-487/19 W.Ż. (Chamber of Extraordinary Control and Public Affairs of the Supreme Court-Appointment)

For background, see: sieps.se/en/publication… & fresh evidence of obstruction to prevent application of ruling
themis-sedziowie.eu/materials-in-e…
20/ 27 October 2021: ECJ VP (third) order in Case C-204/21 Commission v Poland (Safeguarding the Independence of Polish Judges post ‘Muzzle Law’)

For background, see: sieps.se/en/publication…
and this @DCU_Brexit_Inst post by Prof Renata Uitz: dcubrexitinstitute.eu/2021/11/commis…
21/ 8 November 2021: ECtHR judgment in the case of Dolińska-Ficek and Ozimek v. Poland (Lack of independence of 🇵🇱's NCJ & irregular appointments to 🇵🇱’s Chamber of Extraordinary Review and Public Affairs of the Supreme Court)

My quick 4 takes here:
22/ 16 November 2021: ECJ judgment in Joined Cases C-748/19 to C-754/19 Criminal proceedings against WB
(latest ruling as of today. Will continue adding to this 🧵 as plenty of pending ECJ & ECtHR cases remaining, with significant increasing no of ECtHR complaints to be expected)

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More from @ProfPech

Nov 25, 2023
As promised, a 🧵 below on this key/compelling ECtHR judgment, 1st pilot-judgment in relation to #Poland’s #ruleoflaw breakdown which ECtHR has rightly described as taking form of “interrelated systemic” RoL violations leading to “state of continued non-compliance” with ECHR!
1/ Let me start with more miscellaneous aspects: My insistence not to speak of “judicial reforms” to describe violations of the RoL seems to have gained ground with Court referring to “the so-called “reform of the judiciary” in 🇵🇱” (I knew by then this would be excellent ruling!) Image
2/ Persistent problem: ECtHR (but also ECJ) continues to include in its case law summaries an overview of decisions taken by irregular bodies masquerading as courts as established by ECtHR itself = absurd = ECtHR judgments need to distinguish lawful courts from unlawful bodies
Read 20 tweets
Jul 8, 2023
Have finally been able to finish reading the 563 paragraphs of the ECtHR (First Section) judgment in the case of Judge Tuleya v Poland. A compelling judgment with ramifications going beyond case at hand 🧵
1/ To begin with, one may regret that Judge Tuleya did not benefit from Rule 39 which the ECtHR did not start relying upon to protect 🇵🇱 judges from arbitrary proceedings before PiS 🦘courts until 2022 & which 🇵🇱 authorities are also now openly violating
https://t.co/NQDhqURhRunotesfrompoland.com/2023/02/17/pol…
2/ Judgment will help build disciplinary/criminal cases against “disciplinary officers” who have repeatedly violated multiple rulings when harassing judges applying 🇵🇱 🇪🇺 requirements. See eg grotesque disciplinary investigation re use of Art 267 TFEU & refusal to obey ECJ orders

Read 21 tweets
Jun 11, 2023
#Poland's #RuleofLaw breakdown: If correctly reported, this is quite the admission from @VeraJourova as it directly contradicts what Commission told MEPs last Jan and this would make VDL Commission complicit in violation i.a. of law-making Art 7(1) recommendation and milestone...
Compare the COMM's legally & reality-disconnected diagnosis re PL (in part *unconstitutional*) law of Jan 2023 with (correct) assessment of @coe Committee of Ministers
search.coe.int/cm/Pages/resul…
cc @DanielSarmiento @JMorijn @zatschler
@JFLopezAguilar @Tineke_Strik @SophieintVeld Image
Releasing EU recovery funding on back of a set of cosmetic, in part unconstitutional, changes rushed in violation i.a. of EU's own lawmaking recovery milestone while ignoring continuing + *systemic* violation of ECJ (& ECtHR) #ruleoflaw rulings would be particularly irresponsible
Read 5 tweets
Jun 6, 2023
Just finished reading the 389 paragraphs (a single afternoon wasn’t enough 😬). Overall, a careful/compelling ruling with some new aspects on organisation of national judiciaries, judicial independence & transversality of effective judicial protection requirements (🧵🔽)
1/ Background: This ECJ judgment concerns Poland’s ruling party’s #MuzzleLaw, a grossly unconstitutional and rushed piece of legislation which aimed to (and was used to) punish Polish judges for applying Polish and EU and ECHR #ruleoflaw requirements verfassungsblog.de/open-letter-to…
2/ Re admissibility, 🇵🇱 gov sought to rely on the (un)constitutional “rulings” of the discredited (un)constitutional tribunal (which is no longer a court) to deny ECJ jurisdiction. ECJ answer: a 1st year EU law lecture on basics of EU membership, esp re importance of #ruleoflaw
Read 14 tweets
Mar 8, 2023
"Where a Member State adopts measures that undermine the independence of national courts, the EU judicial architecture is compromised and so is the #ruleoflaw within the EU"

Excellent speech by CJEU President Lenaerts on the RoL legal obligations which flow from EU Membership
With respect, however, the ECJ has delivered absurd/reality disconnected judgment in Noble Bank which means, in practice, that ECJ has stopped assessing whether referring court is composed of judges or irregularly appointed individuals & delegated this EU job to ECtHR in practice
ECJ LM test is similarly absurd (& violates effective judicial protection requirements IMO) in situation where e.g. Art 6(1) ECHR and Art 19(1) TEU have been interpreted as "unconstitutional" then second step as currently interpreted by ECJ = reality disconnected again @BardPetra
Read 8 tweets
Jun 3, 2022
After multiple ☕️ I'm finally done reading @vonderleyen's #ruleoflaw “kapitulation” (to borrow title of @prof_mayer's recent @Verfassungsblog post) recovery package for #Poland: verfassungsblog.de/die-kapitulati…
Long thread ⬇️
1/ Before getting into details of it, quick quiz Q: How many times is the rule of law mentioned in 239p-long annexes to Commision proposal for Council implementing decision detailing the Polish recovery and resilience plan?
2/ And the answer is... 0. 0 also for Comm proposal of 17p and 1 mention in Comm working doc of 75p = so 1 mention in 331 pages 👏
Read 40 tweets

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