Komitet Obrony Sprawiedliwości KOS
20 maja 2020
Rule of Law: „Judges in Poland are being prosecuted for signing a letter to the OSCE regarding the presidential elections”
„A dozen or so judges from Piotrków Trybunalski and the surrounding area are under threat of disciplinary action for signing a letter to the OSCE. The local disciplinary commissioner who was promoted in court at the time of the PiS government is investigating them.” „The deputy disciplinary commissioner at the Regional Court in Piotrków Trybunalski, […]
Komitet Obrony Sprawiedliwości KOS
8 kwietnia 2020
Rule of Law: „CJEU: the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges”
„The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish […]
Komitet Obrony Sprawiedliwości KOS
1 kwietnia 2020
Rule of Law: „CJEU to assess model of disciplinary responsibility of judges in Poland [list of cases]”
„At the beginning of April, the CJEU will consider the European Commission’s request to suspend the Polish Supreme Court’s Disciplinary Chamber. The Grand Chamber is aware of and concerned about the situation of judges subjected to harassment via disciplinary proceedings, as well as the threats of even harsher repressions in the “Muzzle Law.” In addition, […]
Komitet Obrony Sprawiedliwości KOS
31 marca 2020
Rule of Law: CJEU: disciplinary action against judges for asking questions of the Court is unacceptable
„The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly […]
Komitet Obrony Sprawiedliwości KOS
29 lutego 2020
Report on repression against Polish judges and prosecutors
„Justice under pressure – repressions as a means of attempting to take control over the judiciary and the prosecution in Poland in 2015-2019” report was prepared by the Association of Polish Judges „Iustitia” and association of prosecutors „Lex Super Omnia”. In 2017, as part of a package of legal changes to the judiciary, a disciplinary […]
Komitet Obrony Sprawiedliwości KOS
27 lutego 2020
Rule of Law: „Ziobro’s prosecution service wants to charge Judge Tuleya for a judgment critical of PiS party”
„The National Prosecution Office has applied for the waiver of Judge Igor Tuleya’s immunity because he ordered an investigation into the Law and Justice vote in the Sejm’s Column Hall. Tuleya will be the first judge to whom the muzzle act will be applied. Because the illegal Disciplinary Chamber will make a decision as to […]
Komitet Obrony Sprawiedliwości KOS
5 lutego 2020
Rule of Law: „Disciplinary Chamber tries to shut Juszczyszyn up by suspending him and reducing his salary”
„The Disciplinary Chamber of the Supreme Court has suspended Paweł Juszczyszyn indefinitely for his attempt to review the legality of the new National Council of the Judiciary and the status of a judge that body appointed. The Disciplinary Chamber ruled that he had no right to do so. The judge’s defenders announced that he would […]
Komitet Obrony Sprawiedliwości KOS
24 stycznia 2020
Rule of Law: „Duda shocks with hate speech attack on Polish judges”
„Polish President Andrzej Duda’s recent remarks on judges have provoked a fierce response. “The suggestion that judges are irresponsible and ‘should be eliminated’ because otherwise ‘Poland will never be a normal country’ is an example of hate speech, which can lead to violence directed against individual judges,” writes Iustitia, the largest association of judges in […]
Komitet Obrony Sprawiedliwości KOS
10 stycznia 2020
Rule of law: „Judges under fire: 43 judges already targeted by disciplinary officer and prosecutors”
„More than 40 judges are being targeted by people loyal to Minister of Justice Zbigniew Ziobro for their rulings, defence of judicial independence, meetings with citizens, criticism of “good change”, or implementation of CJEU judgments. 2019 was a difficult year for judges, in which Law and Justice (PiS) sought to break their resistance through repressions. […]
Komitet Obrony Sprawiedliwości KOS
3 stycznia 2020
Rule of law: „The Disciplinary Chamber of the Supreme Court as an exceptional court”
„The Disciplinary Chamber satisfies features of an exceptional court, despite its nominal inclusion in the structure of the Supreme Court. As a result, fundamental doubts arise as to whether the rulings issued by this chamber are judicial decisions in the meaning of the Constitution – argues prof. Włodzimierz Wróbel (Jagiellonian University).” „Article 175, para. 2 […]