FOR Communication 7/2023: The European Commission sues the politicized Constitutional Tribunal to the CJEU. Will this affect National Recovery Plan? | 2023-03-02more
After the Commission's complaints to the Court of Justice regarding judges of common courts and the Supreme Court, the Disciplinary Chamber or the so-called Muzzle Act, this time the institution used strongest measure in its arsenal. The complaint that was related to the politicization of the Constitutional Court and its undermining of the foundations of EU law was filed to the court in Luxembourg. Some commentators, as in the case of previous complaints, are of the opinion that the EU does not have the competence to take action regarding Polish courts. This is a myth that should be scattered in the context of the CT case. Finally, one should consider the impact of this complaint on the possible payment of funds to Poland from the Recovery Fund.
7 years of the rule of law crisis. How CJEU and ECHR defended the rule of law in Poland in 2022? | 2022-12-29more
The passing year of the rule of law crisis in Poland was mainly dominated with the issue of the "milestones" attached to the RRP and the disagreement within the ruling coalition as to how to achieve them. On the other hand, at the European level, both the Court of Justice of the European Union and the European Court of Human Rights were extremely active in Polish cases. Let us look at their activities.
Polish government's involvement in humanitarian aid will not unlock the National Recovery Plan (NPR) | 2022-03-18more
The actual actions of those in power, which contradict public declarations of cooperation, almost point to internal sabotage of funds from the EU Recovery Fund, which in fact could have already reached Poland. The European Commission's refusal to proceed with the Polish NRP should be seen in terms of concern for the financial security of the European Union. Poland - apart from refusing to meet the "rule of law" conditions - also refuses to join, for example, the European Public Prosecutor's Office, whose main task remains to conduct independent investigations into possible fraud in relation to EU finances.
FOR Communication 33/2019: The Disciplinary Chamber and the new National Council of the Judiciary under the EU pillory: the consequences of the CJEU judgment of 19 November 2019 | 2019-11-22
The ruling of the EU Court of Justice (CJEU) concerning the Disciplinary Chamber and the new National Council of the Judiciary (KRS) is another ruling concerning changes in the Polish judiciary in recent years. It answers only some of the doubts, and further answers are expected in 2020.