Professor of Law, Dean of @UCDLawSchool, co-director @goodlobbyprofs, senior research fellow @CEUDemInst. Usual disclaimers.
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Nov 25, 2023 • 20 tweets • 8 min read
As promised, a 🧵 below on this key/compelling ECtHR judgment, 1st pilot-judgment in relation to #Poland’s #ruleoflaw breakdown which ECtHR has rightly described as taking form of “interrelated systemic” RoL violations leading to “state of continued non-compliance” with ECHR!
1/ Let me start with more miscellaneous aspects: My insistence not to speak of “judicial reforms” to describe violations of the RoL seems to have gained ground with Court referring to “the so-called “reform of the judiciary” in 🇵🇱” (I knew by then this would be excellent ruling!)
Jul 8, 2023 • 21 tweets • 11 min read
Have finally been able to finish reading the 563 paragraphs of the ECtHR (First Section) judgment in the case of Judge Tuleya v Poland. A compelling judgment with ramifications going beyond case at hand 🧵
1/ To begin with, one may regret that Judge Tuleya did not benefit from Rule 39 which the ECtHR did not start relying upon to protect 🇵🇱 judges from arbitrary proceedings before PiS 🦘courts until 2022 & which 🇵🇱 authorities are also now openly violating
https://t.co/NQDhqURhRunotesfrompoland.com/2023/02/17/pol…
Jun 11, 2023 • 5 tweets • 5 min read
#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...
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…
Mar 8, 2023 • 8 tweets • 5 min read
"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
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?
Mar 13, 2022 • 12 tweets • 10 min read
#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
Mar 11, 2022 • 6 tweets • 3 min read
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
Jan 23, 2022 • 15 tweets • 5 min read
#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
Nov 16, 2021 • 23 tweets • 16 min read
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…
Nov 14, 2021 • 6 tweets • 5 min read
#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
Aug 9, 2021 • 17 tweets • 6 min read
#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/
Aug 7, 2021 • 4 tweets • 3 min read
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…
May 18, 2021 • 9 tweets • 3 min read
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-…
Apr 18, 2021 • 9 tweets • 3 min read
#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)
Mar 2, 2021 • 13 tweets • 5 min read
#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
Dec 19, 2020 • 7 tweets • 6 min read
Speaking of unlawful puppet body known as Poland's "Disciplinary Chamber" & its unlawful "decision" to void ECJ AK ruling, this development was mentioned for 1st time at ECJ level by AG Tanchev in his Opinion of 17 Dec 2020 in C-824/18
@RULEOFLAWpl This is an important AG opinion which also for the 1st time mentions *and* makes use of Poland's Supreme Court resolution of 23 January 2020 which held the bogus "DC" not to constitute a court
On this resolution see my @reconnectEU post and paper
EU toolbox update: New regulation "designed to protect EU funds from being misused by EU governments who bend the #ruleoflaw" approved by EP after being approved by Council on 14 Dec
To get my head around on how new mechanism will work I have put together yet another slide 😎⬇️
Step-by-step overview of new general (#ruleoflaw) conditionality mechanism for protection of #EUbudget
(any mistake PLMK)
(warning: rudimentary design of slide not pre-approved by @JoelleGrogan aka @stickytrickylaw but hope to convince her/"them" to help out with version 2.0)
Dec 9, 2020 • 14 tweets • 6 min read
Based on my first quick reading of draft EUCO conclusions re #ruleoflaw conditionality mechanism, have to agree with @alemannoEU but let me add some quick comments in thread below
(Health warning: have spent about 7 hours on zoom today so my brain no longer fully operational)
Para 1 of draft conclusions: 2nd sentence is legally wrong/poorly drafted. Art 7 not only procedure to address "breaches" of Art 2 TEU values as already established by ECJ re Polish Sup Court purge (both item under Art 7 and subject of successful infringement action in 6198/18)
Nov 7, 2020 • 17 tweets • 7 min read
This is a great post by @ADimitrovs on new but not adopted yet #RuleofLaw conditionality mechanism & EU budget. Have just finished myself reading the 20,372 words of trilogue "4-column" doc re this latest likely addition to EU's toolbox. My first reaction assessment in 🧵 below
Title of not yet adopted Regulation (at @EUCouncil's insistence) no longer mentions #ruleoflaw & concept of "generalised deficiencies" with reference instead to "a general regime of conditionality". Cosmetic rebranding to assuage autocrats or bad omen? Let’s continue to find out
Oct 6, 2020 • 4 tweets • 7 min read
Orban's #LexCEU held incompatible with EU Law yet Orban has already achieved its main goal: force out @ceu...
It was just irresponsible from @EU_Commission not to apply for interim measures in this instance
(updated overview slide of Commission's infringement (in)action below)
When will the @EU_Commission learn that time is autocrat's best friend & that more reporting will do nothing to prevent creation of irreversible facts on the grounds...
