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Laurent Pech 🇺🇦 Profile picture
@ProfPech
Jun 11 • 5 tweets • 5 min read Twitter logo Read on Twitter
#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
Not to forget PL authorities have already indicated they will not comply with ECJ's #muzzlelaw ruling, continue to attack EU/PL judges while they seek to unduly interfere with democratic process (#LexTusk) acc to Comm itself...

Time to get ready for another lawsuit I suppose
PS. More details here re Vera Jourova's interview with TVN24 (it would be for EP to ask for clarifications considering the contradictions with explanations offered to MEPs these past few months)

next.gazeta.pl/next/7,151003,…

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More from @ProfPech

Laurent Pech 🇺🇦 Profile picture
Jun 6
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
Laurent Pech 🇺🇦 Profile picture
Mar 8
"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
Laurent Pech 🇺🇦 Profile picture
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
Laurent Pech 🇺🇦 Profile picture
Mar 13, 2022
#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
Read 12 tweets
Laurent Pech 🇺🇦 Profile picture
Mar 11, 2022
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
Read 6 tweets
Laurent Pech 🇺🇦 Profile picture
Jan 23, 2022
#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
Read 15 tweets

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