Discover and read the best of Twitter Threads about #muzzlelaw
Most recents (7)
#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
search.coe.int/cm/Pages/resul…
cc @DanielSarmiento @JMorijn @zatschler
@JFLopezAguilar @Tineke_Strik @SophieintVeld
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
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
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 ⬇️
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 👏
#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/
1st set of measures ordered: *immediate suspension* of provisions empowering Disciplinary Chamber (DC) to decide lifting of judicial immunity, etc + suspension of decisions *already* adopted + no case to be brought before body which lacks independence = NO COMPLIANCE YET 2/
#RuleofLaw breakdown in #Poland: Just finished reading this meticulous, compelling and unprecedented ruling by the Amsterdam District Court whose potential ramifications for the functioning of EU legal order could be extremely significant. Thread ⬇️
1/ Historical significance: 1st time in legal history of EU (TBOMK) that a national court of EUMS has found judicial system of another EUMS as a whole to have been structurally disabled = judicial independence structurally gone in Poland = we have black hole in EU’s Area of FSJ
2/ 🇳🇱 Court’s (correct) diagnosis: no independent/effective Const Tribunal left; ENCJ-suspended NCJ not impartial/independent; Disciplinary Ch not a court; independence of SC & ordinary courts no longer guaranteed with disciplinary proceedings possible for applying ECJ case law
Just finished reading this important Grand Chamber ruling re #ruleoflaw breakdown in Poland. There is a lot more than meets the eye & looking beyond (expected) outcome of case, key point = initiation of disciplinary investigation against referring judges violated EU law
(thread)
(thread)
2/ Outcome: Both AG and Grand Chamber agree = requests in these 2 cases for a preliminary ruling concerning Polish measures from 2017 establishing a disciplinary procedure regime for judges are inadmissible but ECJ did not stop there
3/ Why inadmissible? In a nutshell, because not apparent from orders for reference there is a connecting factor btw key provision of EU law (i.e. Art 19(1) TEU/judicial independence) to which the Qs referred for a preliminary ruling relate and the disputes in the main proceedings
The long-term consequences of #covid19 are far-reaching & touch upon several policy areas. Whilst the obvious ones are healthcare, econ & empl, #democracy, #RoL & #solidarity in the EU will also be affected. Here's a brief summary of the challenges ahead. THREAD 1/8
1) Taking the looming danger of further autocratization seriously. In #Hungary, emergency measures have been taken that are likely to be kept after the crisis. It includes rule by decree, Parliament suspended, no snap elections/referendums. euractiv.com/section/justic… 2/8
2) Ensuring #RoL stays on top of the EU's agenda despite the crisis: In #Poland, #muzzlelaw has come into force and the independence of the judiciary is now officially gone. economist.com/europe/2020/03… 3/8
