#Poland's #RuleofLaw breakdown: Judge Sterkowicz, Judge Raczkowski & Judge Wróbel, a member of the *Criminal Chamber* of Poland’s Supreme Court (showing in passing reality-disconnected nature of ECJ EAW LM test) may become next unlawfully suspended 🇵🇱 judges. State of play in🧵⬇️
1/ Judge Paweł Juszczyszyn: First 🇵🇱 judge suspended in Feb 2020 for applying ECJ ruling in AK (formally nullified later by unlawfully appointed members of unlawful disciplinary chamber). Still not reinstated following repeated (criminal) refusals to obey several 🇵🇱 & 🇪🇺 rulings
2/ Judge Igor Tuleya: Unlawfully suspended in Nov 2020 by same individuals pretending to be judges of body pretending to be a court, with this unlawful body also unlawfully lifting his judicial immunity. Also not reinstated following similar repeated violations of 🇵🇱&🇪🇺 rulings
3/ Judge Beata Morawiec: Unlawfully suspended in Oct 2020 by unlawful Disciplinary Chamber, which simultaneously unlawfully lifted her immunity but Disciplinary Chamber ultimately refused to allow prosecution to go ahead in June 2021 and Judge Morawiec returned to work
4/ Judge Adam Synakiewicz: Unlawfully removed from adjudication for a month by MoJ in manifest violation ia of the ECJ order of 14 July 2021. Judge Synakiewicz has now returned to work but may still end up being indefinitely suspended by the (unlawful) Disciplinary Chamber
5/ Judge Marta Pilśnik: Also unlawfully suspended for a month following her application of the ECJ’s order & judgment of 14-15 July 2021. Has now returned to work but similarly to situation of Judge Synakiewicz, may still end up being indefinitely suspended by (unlawful) Dis. Ch.
6/ Judge Piotr Gąciarek: Unlawfully suspended for a month following refusal to rule with irregularly appointed post 2018 neo-senior judge by application of relevant ECJ & ECtHR rulings. Suspended again this time indefinitely on 24 November 2021 with salary cut by 40%
7/ Judge Maciej Ferek: Also unlawfully suspended by another appointee of MoJ Ziobro and member of discredited/unconstitutional/ENCJ-suspended neo-NCJ, initially for a month and indefinitely on 16 November 2021. His salary was unlawfully cut too by 50%
8/ Judge Agnieszka Niklas-Bibik: Unlawfully suspended for one month on 29 October 2021. NB: First ever Polish judge suspended for asking (judicial independence related) preliminary questions to the ECJ. May still end up being indefinitely suspended by (unlawful) Disc. Ch.
9/ Judge Maciej Rutkiewicz: Unlawfully suspended for one month on 9 Nov 2021 and indefinitely suspended by unlawful Disc. Ch. on 15 Dec 2021 which also unlawfully cut his salary by 40% in yet another manifest instance of open and deliberate violation of ECJ and ECtHR rulings
10/ Judge Krzysztof Chmielewski: Another judge unlawfully suspended for a month on 15 December 2021 for applying EU law to neo-"judges" appointed by unlawful/ENCJ-suspended neo-NCJ. Suspended indefinitely suspended on 5 Jan 2022 with salary cut by 25%
In addition to arbitrary criminal proceedings, unlawful suspensions and pay cuts, a number of Polish judges have faced unlawful administrative repression in the form of arbitrary transfers. See e.g. case of Judge Waldemar Żurek ruleoflaw.pl/judge-zurek-th…
Situation of Judge Żurek is particularly emblematic of total breakdown of #ruleoflaw in #Poland with #fakejudges irregularly appointed to SC now engaged in deliberate obstruction - arguably of criminal nature - to prevent implementation of ECJ ruling of Oct 2021 in Case C-487/19
For further details on deliberate obstruction organised from within SCt which should in time result in disciplinary and criminal proceedings, see “Małgorzata Manowska blocks the implementation of an important CJEU judgment”, @RULEOFLAWpl, 4 January 2022: ruleoflaw.pl/malgorzata-man…
Should have I missed any judge in my above list of 🇵🇱 judges unlawfully suspended for applying ECJ and/or ECtHR rulings or unlawfully suspended for just adjudicating independently/on account of content of their judgments, please LMK (end)
cc @RULEOFLAWpl@JudgesSsp@ThemisSedziow
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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)
#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
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…
#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/
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)
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
#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)