🇵🇱⚖️🇪🇺 I was hoping that this is going to be a day without Poland, but alas, nope. @rafalsokol alerted me to the fact that Polish Supreme Court has published a "commentary" to the EU Commission rule of law 2021 report at the time of @dreynders visit to Poland. (1/5) Image
These comments are somewhat extraordinary. I guess I'll just leave you with three without any further comment from my side. Here's the one about the smear campaign against Polish judges. (2/5) Image
Here is one where the Polish Supreme Court lectures the Commission on what the rule of law is and what isn't. (3/5) Image
And here's the one where the Polish Supreme Court thinks that the Commission assessing the independence of neo-National Council of Judiciary amounts to a violation of Art 4 TEU. (4/5) Image
There's much much more quality reading in those comments, so I'll leave you with the link to the full thing and because I can't just stop myself from doing that, I'll tag @ProfPech.

All right, one more - Polish Supreme Court doesn't have the highest opinion about the quality of free journalism, including *checks notes* government-friendly "Do Rzeczy" (6/5) Image

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More from @J_Jaraczewski

24 Nov
🇵🇱⚖️Polish Constitutional Tribunal proclaims its judgment in the case K 6/21, finding Art 6 (1) of European Convention on Human Rights incompatible with Polish Constitution regarding the right to fair trail in proceedings before the very same Constitutional Tribunal. (1/n)
Specifically, the Tribunal has found that it itself is not a tribunal which the Art 6(1) talks about when referring to everybody's right to a fair trial before an independent tribunal established by law in the context of individual constitutional complaints. (2/n)
Ostensibly a case on clash between Polish Constitution and the ECHR, in fact this is a move against a very concrete single judgment of the European Court of Human Rights - Xero Flor v Poland, where ECtHR found a judge of Constitutional Tribunal to be unlawfully appointed. (3/n)
Read 14 tweets
24 Nov
🇵🇱⚖️🇪🇺 Quick thought ahead of K 6/21 - regarding both EU law and European Convention on Human Rights, Polish government keeps bringing up a recurring argument regarding law, change and what ratifying international treaties really means. (1/6)
This argument can be boiled down to: "There was some law, to which we agreed to be bound by, but then CJEU/ECtHR started changing that law via their judgments, and now this law is no longer what we signed up for" and hence the need to "disable" these "new" elements. (2/6)
The fundamental mistake here is that law is a static instrument. It's a living one, and that life evolves not just through amendments of treaties, but also through interpretation by courts. (3/6)
Read 6 tweets
24 Nov
🇵🇱⚖️Morning, today at 12:00 the Polish Constitutional Tribunal holds a hearing in the case K 6/21 - the "anti-Xero Flor" case, where the Prosecutor General (also Minister of Justice) wants the Tribunal to find art 6 (1) ECHR incompatible with Polish Constitution. (1/n)
The applicant doesn't want to toss the entire Art 6 out (yet), he seeks for it to stop functioning with regards to the ... Polish Constitutional Tribunal, so that ECtHR won't have legal grounds to review proceedings before the Tribunal - and appointments of its judges. (2/n)
As usual, there's no way of telling whether a judgement will come today. Ahead of my live tweeting this legal comedy sitcom, here's some recommended reading for you all. First is @olivergarner7 and Rick Lawson for @Verfassungsblog verfassungsblog.de/on-a-road-to-n… (3/n)
Read 37 tweets
23 Nov
🇪🇺⚖️🇭🇺 CJEU judgment in the case C-564/19 is out, finding that EU law precludes a supreme court (in this case, Kúria) from annulling a decision by a lower court to refer a case to CJEU. The principle of primacy of EU law means that the lower court should disregard Kúria. (1/n) Image
It has also found that EU law precludes a domestic disciplinary procedure against a judge over referring the case to CJEU, highlighting that such practice can lead to a chilling effect and ward off judges from sending cases over to CJEU. (2/n)
Kúria has invalidated a lower court's referral to CJEU on grounds of finding it irrelevant to the case at hand. Luxembourg court has, however, reiterated that answering the question whether a referral from Member State court is grounded and relevant is solely for CJEU. (3/n)
Read 9 tweets
22 Nov
🇭🇺⚖️🇪🇺 Heads up: tomorrow CJEU hands out its judgment in the "IS" case C-564/19 wrt Hungarian Supreme Court finding a preliminary reference to CJEU coming from a lower court ... illegal, and Hungarian authorities initiating disciplinary action against the referring judge. (1/4) Image
While the case concerns also several other elements of EU law, it's the "Can the national authorities annul a referral to CJEU and can they go after the referring judge by disciplinary means?" parts that are most vital and of broader consequence. (2/4)
The broader consequence is the development of CJEU case law line regarding Member States preventing judges from sending referrals to CJEU and disciplinary action over the content of judicial decisions. No points for guessing which other Member State struggles with this. (3/4)
Read 4 tweets
7 Oct
🇵🇱⚔️⚖️🇪🇺 Here we go again. In 30 minutes, the Polish Constitutional Tribunal will once again tackle the case K 3/21 on primacy of EU law. Negotiations between Poland and the Commission on the rule of law are ongoing, so I'm carefully not expecting a ruling today. (1/too many)
While we're waiting, Tribunal Tangent: there's a vacant seat at the Tribunal since the term of judge Leon Kieres ran out in July. By law, candidates for an upcoming vacant seat should be put forth at latest 30 days before the term runs out. That didn't happen. (2/tm)
Recently, PiS announced that they'll put forth the candidacy of Krzysztof Kamalski, a practising lawyer. Opposition parties are at this point not even bothering to nominate anybody. The judges are appointed by Sejm and PiS maintains a tenuous majority there. (3/tm)
Read 68 tweets

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