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

14 Nov
#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
Read 6 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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