Just finished reading the European Parliament resolution of 10 March 2022 on the #ruleoflaw & consequences of ECJ twin conditionality rulings. Worth reading carefully: europarl.europa.eu/doceo/document…
Contains (justifiably) stringent criticism of @vonderleyen@EU_Commission & @EUCouncil. Some highlights:
🔴 “absence" of Com Pres from plenary debate "demonstrates a *lack of respect*” (unprecedented tbomk)
🔴 “unacceptable” failure by to discuss Art 2 TEU interinst agreement
🔴 Regrets Comm’s decision “to abide by the non-binding European Council conclusions of 11 December 2020” (some aspects of which are legally wrong as made clear by ECJ since)
🔴 Regrets Comm’s “inadequate response” to the ECJ rulings of 16 Feb 2022 re superfluous guidelines
🔴 Recalls Comm’s duty “duty to implement EU legislation regardless of electoral timetables in the Member States”
🔴 Denounces Comm’s “attempt to play for time” and Council’s failure to make an effective use of Art 7(1) TEU
🔴 Denounces inaction & lax "approach towards oligarchic structures" & "systemic violation of the rule of law" (good to see EP using both concepts)
🔴 Underlines "need to ensure that taxpayers’ money never ends up in the pockets of those who undermine the EU’s shared values"
🔴 Poland gets special mention: “whereas the three conditions for disbursing the Recovery and Resilience Facility funds [...] mentioned by [@vonderleyen on 19 Oct 2021] have not yet been fulfilled” (Reminder: yesterday Polish authorities deepened Polexit from Art 6(1) ECHR) (end)
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#Poland's #RuleofLaw breakdown (ECHR dimension): Received unofficial translation of operative part of "Art 6(1) ECHR #Polexit II" pseudo ruling in bogus case no. K 7/21. It is as bad & irresponsible as one could have expected from unlawfully composed pseudo CT (🧵)
1/ Reminder: This is not the 1st "Art 6(1) ECHR right to fair #Polexit" pseudo ruling. See (bogus) case no K 6/21 which led the @coe SG to take the rare step of activating Article 52 of the ECHR on 7 Dec 2021. Excerpt below from ECtHR judgment of 22 Feb 2022 in Advance Pharma
2/ Case K 7/21 is 2nd time, the pseudo "Constitutional Court", in an unlawfully bench formation, held Art 6(1) ECHR to be (allegedly) unconstitutional (an insult to intelligence) on the back of application by serial violator of Polish, EU and ECHR rule of law requirements
#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
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)