Judicial serendipity: how Portuguese judges came to the rescue of the Polish judiciary

Bonelli, Matteo; Claes, Mónica

doi:10.1017/s1574019618000330

Cited by 32 publications

(17 citation statements)

References 9 publications

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“…18 Bonelli and Claes (2018), p. 622. 19 Bonelli and Claes (2018), p. 623. 20 See: Coutron (2019), pp.…”

Section: The Rule Of Law and An Independent And Impartial Court Systemmentioning

confidence: 99%

“…27 Moreover, the CJEU has established its jurisdiction regarding the adoption of an interim measure as an instrument to ensure respect for the rule of law in Poland. 28 The European Court of Justice's order in Case C-791/19 R 29 is the third time that the 26 Bonelli and Claes (2018) Footnote 23 (continued) 24 As in: K. Gajda -Roszczynialska, A test of six conditions of the EU standard of the notion of "court" and the Polish administration of justice -deliberations on the basis of the judgment of Court of Justice dated 27.2. 2018 in the case of C-64/16 Associação Sindical dos Juízes Portugueses.…”

Section: The Rule Of Law and An Independent And Impartial Court Systemmentioning

confidence: 99%

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Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

Gajda-Roszczynialska

Markiewicz

2020

Hague J Rule Law

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This article advances the thesis that disciplinary proceedings may constitute a tool for breaking the rule of law in Poland. In 2017, as part of a package of legal changes to the judiciary, a disciplinary system was created in Poland to ensure that judges were subservient to the political will of the authorities. From the beginning, new disciplinary officers appointed by the Minister of Justice (the Prosecutor General) have targeted judges who disagree with unconstitutional changes to the judiciary. Disciplinary proceedings are by no means repressions that affect judges who demand that other authorities respect the rule of law in Poland. The article discusses, on a step by step basis, the practical mechanisms taken by the political authorities to break the rule of law in Poland. Particular attention is paid to the measures which have been taken concerning the judiciary. The article discusses the judgment of the CJEU on 19 November 2019 in combined cases C-585/18, C-624/18, and C-625/18 and the implementing resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 as well as the collapse of the rule of law in Poland from a practical perspective. The analysis of the recent events shows that after the so-called Muzzle Law (A bill amending the Act on the Organization of Ordinary Courts, the Act on the Supreme Court and the Act on the National Council of the Judiciary was submitted on 12 December 2019, and then voted on by the parliamentary majority in the lower house of the Polish Parliament (Sejm) on 20 December 2019.) came into force, the application of the resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 implementing the CJEU judgment in the joined cases C-585/18, C-624/18, and C-625/18 of 19 November 2019 can be and, in fact, is penalized by further disciplinary proceedings, which constitutes a real threat to the already weakened rule of law. Institutions and, above all, judges who are safeguarding the rule of law are being destroyed.

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“…18 Bonelli and Claes (2018), p. 622. 19 Bonelli and Claes (2018), p. 623. 20 See: Coutron (2019), pp.…”

Section: The Rule Of Law and An Independent And Impartial Court Systemmentioning

confidence: 99%

Section: The Rule Of Law and An Independent And Impartial Court Systemmentioning

confidence: 99%

Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

Gajda-Roszczynialska

Markiewicz

2020

Hague J Rule Law

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“…In 1986, the Court of Justice declared that the European Economic Community, now European Union, was a "community based on the rule of law", clarifying that "neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty" 2 . Les Verts judgment expressly introduced the concept of rule of law into the Union's legal order, recognizing the existence of a rule of law governing the ordering of powers and institutional balance and allowing individuals to assert their rights, which is why it is argued that, from that moment, the Union lives with a constitution 3 .…”

Section: European Union Of Lawmentioning

confidence: 99%

The Rule of Law Crisis in the European Union: From Portugal to Poland (and Beyond)

Sousa

2020

LAW

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Judicial independence is declared as a primary law obligation to be respected by every national body which may apply or interpret European Union law. Recent legislative reforms of national judicial systems in Poland and other Member States undermine the principles of judicial independence and mutual trust and raise the idea of a rule of law crisis, claiming for an intervention of the European Union.

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“…Third, it is dangerous to rely primarily on the European Court of Justice and think that it will single-handedly be able to rescue Central Europe and restore a functioning separation of powers. 218 While the European Court of Justice surely plays an important role, especially in the current developments in Poland, 219 the failure of the Pan-European template shows that a top-down approach to the separation of powers does not work in Central Europe and that any long-term solution must have the broad support of the people. 220…”

Section: Not Enoughmentioning

confidence: 99%

The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism

Kosař¹,

Baroš²,

Dufek³

2019

European Constitutional Law Review

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Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought

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Judicial serendipity: how Portuguese judges came to the rescue of the Polish judiciary

Cited by 32 publications

References 9 publications

Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

The Rule of Law Crisis in the European Union: From Portugal to Poland (and Beyond)

The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism

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