Laurent Pech 🇺🇦
@ProfPech
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Professor of Law, Dean of @UCDLawSchool, co-director @goodlobbyprofs, senior research fellow @CEUDemInst. Usual disclaimers.
Dublin
Joined August 2014
"To continue to engage at length with X is to enable this cycle of behavior. You can count me out" & find me instead on🦋.
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Dear @sjkaleta you’re in luck! . I’m an expert on #judicialindependence in French, ECHR and EU law so let me explain why you don’t know what you’re talking about (assuming you’re not here deliberately trying to mislead) . [thread].
to skopiowanie przepisów obowiązujących we Francji 😉. O ile mi wiadomo Francja jest UE, w UE są również Niemcy, w których sędziów powołują bezpośrednio politycy. Kwalifikowanie naszych partnerów z UE jako państw autorytarnych jest nie na miejscu!.
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@sjkaleta @MS_GOV_PL Dear Mr Kaleta, . I would be more than happy to debate and explore your understanding of French/EU/ECHR law to name but of the few of the legal systems your "reforms" are supposed to be inspired from or be in compliance with. Please let me know when/where. Yours sincerely,. LP.
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Dear @CSU, my German isn't good but I do not think "bürgerlich-konservativem Kurs" is quite the right translation for "autocratic and kleptocratic regime promoting hatred and antisemitism" . cc @Verfassungsblog
Eine höhere Wahlbeteiligung und noch einmal mehr Stimmen für die Fidesz-Partei sind eine klare Bestätigung von Orbáns bürgerlich-konservativem Kurs für ein erfolgreiches Ungarn, eine Begrenzung der Zuwanderung und ein sicheres Europa.
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Dear @vonderleyen, "time has come to put [your] words into action by urgently applying for interim measures so as to preserve what is left of the #ruleoflaw in #Poland while there is still time to prevent its complete abolition" .
Tens of thousands in more than 200 cities in Poland protesting against the new proposed law that would limit the judiciary independence. #RuleOfLaw #DziśSedziowieJutroTy @VeraJourova @dreynders @EUinPL @ProfPech @Kom_Obr_Dem please RT
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@sjkaleta 3. French law does NOT allow for any sanction against any judge who seek to apply EU law as interpreted by the ECJ case law all the more when we’re talking about judicial independence also strictly protected under FR Const (again this is obvious for all but liars and ignoramuses)
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State (party) TV in 🇰🇵 sorry in 🇵🇱. .
"Supreme Court destroys the Polish state" was the opening headline of the main evening news on state TV, a government mouthpiece
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@sjkaleta 10. I could go on and on. For instance, I could mention this additional principle omitted by Polish authorities #Iwonderwhy
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@sjkaleta 4. Re judicial independence in French law, let me run you through some basic guiding principles - again you’re in luck as there is exhaustive compendium published by Conseil supérieur de la magistrature (High Council for the Judiciary) available in FR & EN
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@sjkaleta 7/ Just some highlights as it's Sat morning after all. Principle (no 3) which Polish MoJ forgot to stress: “Members of the judiciary shall defend the independence of the judicial authority … It requires them to act and rule […] without having to fear any disciplinary measure”.
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@sjkaleta @encj_office 16. To conclude let me quote p 29 of French compendium: “The ethics of judiciary members must primarily be driven with concern for the independence and quality of the judicial system, of which they form the basis” Perhaps it is time you look into your own ethics (or lack thereof).
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@sjkaleta 9. Rather than multiplying references to every principle ignored by Polish ruling party, let me go straight to last & fundamental principle listed at end of Chapter 1 which, to put it briefly, means your new Soviet-inspired disciplinary regime is WHOLLY INCOMPATIBLE with FR law
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Polish President to "foreign lawyers": Please let us lie in peace about French, German and/or EU law while we are busy violating the Polish Constitution on an industrial scale so as to recreate a one-party state.
PL President @AndrzejDuda: Poland has the right to regulate its internal legal order as an EU country. This is what the treaties guarantee us. I am asking lawyers from other countries not to interfere in our affairs @ProfPech @vonderleyen @VeraJourova #InterimMeasures.
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Here is the Polish President Duda "defending" the Polish Constitution against "those who brazenly violated it" (dixit Poland's Great Leader)
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Re #RuleofLaw in #Poland: Just finished reading Polish government’s "White Paper on the Reform of the Polish Judiciary" . My head hurts from amount of nonsense spread over 94 pages I had to read but will nonetheless attempt a (possibly long) thread on it
.@EP_Justice meets tonight in Strasbourg: debate w/ @TimmermansEU on Poland, Malta, Slovakia. Also discussion on an EU instrument to support civil society. Follow live from 19h30:
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@sjkaleta 5. These official guidelines - revised in 2019 - consider inter alia provision of French law (Art 10 of ordonnance du 22 décembre 1958 portant loi organique relative au statut de la magistrature) you have deliberately misrepresented (or possibly proved unable to understand).
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@sjkaleta 8. See also principle (no 4): "As defenders of personal freedom, they shall apply the rules of law […] without giving into the fear of displeasing or the wish to please the executive power, legislative power, judicial hierarchy, media, public opinion or any other organisation.”.
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This is the stuff of dictatorship. A sham body ("Disciplinary Chamber") established by #Poland's ruling party to bully and punish judges is *continuing* to operate despite being found not to constitute a court within meaning of Polish/EU law by not-yet-captured Supreme Court.
❗️Skład zakwestionowanej Izby Dyscyplinarnej upominał @GiertychRoman podczas wystąpienia, żeby zmierzał do końca. Mecenas: nie może mnie pan upominać, bo nie jest pan sądem. Skład Izby Dyscyplinarnej opuścił salę rozpraw w trakcie wystąpienia mecenasa. @RMF24pl
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@sjkaleta @encj_office Just a gentle reminder you are the one who referred to French law to justify your latest bill which fundamentally violates EU/ECHR rule of law requirements so either back up your French law claim or follow my advice: "when you’re in a hole, stop digging"
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To please the #DailyMail & avoid having HO sending me a deportation letter by 'mistake' here is my new 'factual' lecture slide on Brexit
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#Polexit from EU legal order has begun. just before the ECJ is about to order the suspension of the functioning of the Disciplinary Chamber of the Supreme Court. Time for @VeraJourova and @dreynders to launch new expedited infringement procedure and for other EUMS to wake up. .
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@sjkaleta 15. To also follow @encj_office - you know the European body which suspended bogus illegal Polish KRS - there is a duty to speak up against attacks on the rule of law
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@sjkaleta 13. This means provision CANNOT justify sanction of any judge upholding the rule of law and applying requirements of judicial independence established by EU and ECHR law. ECHR Baka case is explicitly mentioned in the compendium to make this clear.
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Ladies & Gentlemen, I give you PiS-friendly judge MoJ nominated court Pres Maciej Nawacki member of @encj_office suspended/unconstitutionally established Nat Council of Judiciary angry most PL judges are still faithful to ruleoflaw & supporting PiS persecuted judge #Juszczyszyn.
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Surprise! Polish PM is spreading falsehoods about 🇩🇪 law as explained by @prof_mayer. To sum up: Polish authorities have repeatedly misrepresented 🇫🇷 🇩🇪 & 🇪🇺 law to distract from their latest attack against judicial independence in blatant violation of 🇵🇱's Constitution & 🇪🇺 law.
Plain wrong. Example of legal „alternative facts“, misleading counter-truths. Read BVerfGE 142,123 (186) – OMT (21.6.16) para 118: „the precedence of application of Union law before national law also applies to conflicting national constitutional law“.
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@sjkaleta You haven't read the ECJ order, have you? Or is it just another instance where you shamelessly misrepresent EU law?. Btw respecting Poland's sovereignty begins by respecting Poland's Constitution, which means i.a. not using legislation to set up kangaroo bodies in violation of it.
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@sjkaleta 12. Now to return to Art 10 of ordonnance du 22 Dec 1958: it is referred in Chapter VIII (restraint and discretion) and appendix of compendium but you omitted (surprise surprise) how it ought to be applied in conformity with FR Const, EU, ECHR standards (see p 51 of 2019 edition)
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@sjkaleta 14. ECHR Baka case = views & criticisms expressed by judges on constitutional and legislative reforms affecting judiciary call for high degree of protection and strict scrutiny of any interference from national authorities (but maybe you're not familiar with ECHR case law too)
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☢️ total joke: kangaroo court, which includes 3 individuals pretending to be judges & presided by judge unlawfully appointed to this position, in blatant violation of Polish & EU law (i.a. obligation to refer matter to ECJ), is cynically preventing compliance with ECJ case law.
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"No country can join the EU without an independent judiciary. No country can remain without an independent judiciary". My op-ed (in Polish) in today's edition of the @gazeta_wyborcza . #RuleofLaw (or lack thereof) . #Poland.
❗Prośba o RT.Francuski prawnik @ProfPech do @AndrzejDuda: Doktor prawa powinien rozumieć pewne rzeczy. Bardzo dobry tekst dot. skandalicznych słów prezydenta RP , że "nie będą nam obce języki".⬇️⬇️⬇️
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Hmm whom to believe re French Law: Self-appointed French law experts from Poland's ruling party (@sjkaleta, @AndrzejDuda, @MorawieckiM) or 50+ French legal academics and experts specialising in French law? . #RuleofLaw . #ComparativeLawCharlatans.
Why French law is NOT a model for the Polish bill on disciplining judges: Dozens of academics protest against the instrumentalization of French law by PiS government
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#SavetheDate: On 28 April 2021, @Adbodnar will be awarded the Ghent University's Amnesty International Chair (Congratulations Adam! I cannot think of a more deserving recipient). For more details on online lecture/event see: . cc @RULEOFLAWpl.
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Dear @chhcalling you are welcome to attend my lectures on EU Law. Trigger warning though: teaching reflects facts, current law & expertise
Universities deplore ‘McCarthyism’ as MP demands list of tutors lecturing on Brexit
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"If this problem of rogue Member States within the EU is to be solved, we believe that all EU institutions must use all of the tools at their disposal". #RuleofLaw #Poland #Hungary #Article7
Free access from @CY_ELS, "Illiberalism Within: Rule of Law Backsliding in the #EU" by @ProfPech and Kim Lane Scheppele #Poland #Hungary
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Ladies & gentlemen, I give you the former Polish PM lecturing us on the #ruleoflaw when she is the one who made ruling party's constitutional coup possible by unlawfully refusing to publish/comply with rulings of the Const Tribunal paving way to its capture in Dec 16. #NoShame.
Jako polski premier, mówiłam tutaj w PE, a dzisiaj mówię to, jako polski europoseł, że Polska jest krajem praworządnym, a polski rząd działa zgodnie z polską Konstytucją i unijnymi traktatami. Polska jest członkiem UE i jest suwerennym krajem. Tak jest i tak będzie.
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Quiz time: Who am I? . I was a state prosecutor during the communist era.I was a member of the communist party.I was awarded a Cross of Merit by communist authorities.I called judges “ordinary thieves”. A: I am one of the 3 new members of 🇵🇱’s captured “Constitutional Tribunal”.
Polish court orders official to apologize to judges for calling them ‘thieves’
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Just amazing. Look at this message left to the attention of @VeraJourova by a former Deputy Justice Minister of Poland. Do hope @vonderleyen will demand an apology from Polish authorities
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Just read this interview with Polish PM: . On so-called "judicial reforms" he manages about a misleading claim (not to say a lie) per sentence so let’s quickly deal with each of his points.
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#Poland: Same individual who is simultaneously Minister of Justice and country's Prosecutor General (yes you read that correctly) is also supposed to investigate criminal online troll farm targeting judges secretly hosted within Ministry of Justice (yes you read that correctly).
🇵🇱 Minister of Justice had supervised an investigation regarding illegal financing of his political party using EU funds. Investigation stopped. Banana republic standards. @ijsvv @radosveta_vass @kat_cary @ProgressiveEur.
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Not Pyongyang or Minsk but Warsaw, the capital city of an EU Member State in 2020. .
Polish "one man state" on one picture . The police in #Warsaw set up a 300-meter-long blockade to prevent protesters from reaching the house of Jarosław #Kaczyński, the chairman of the ruling PiS-Party. #Strajkkobiet
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Delighted and honoured to have been appointed Dean at UCD Sutherland School of Law starting this October . Feicfidh mé sibh arís gan mhoill i mBaile Átha Cliath!. (Merci également pour les félicitations en 🇫🇷 @UCDLawSchool 😎).
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We have a winner for the award of the most arrogant, disrespectful and ignorant public statement ever made in respect of the @VeniceComm by a public official: Poland's Deputy Minister of Justice Marcin Warchoł *himself a member of the @VeniceComm*.
We translated official position of MoJ to @VeniceComm opinion on muzzle law. "This document can only be referred to as a parody of an opinion"argues PL MoJ #RULEOFLAWpl #VeniceCommission.
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#RuleofLaw backsliding is coming to the UK. If I have learned anything from studying dismantlement of checks & balances in Hungary and Poland it is that people always overestimate resilience of their system and do not wake up until system has already been captured/compromised.
Downgrading the Government legal service - making it one voice of many - and stopping government lawyers being able to scare ministers from making policy . - a big proposal from @Policy_Exchange likely to find favour in Number 10. Read in full here:
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Dangerous, irresponsible rhetoric from the Polish President coming close to constituting direct incitement to commit violence against judges.
We must "cleanse our Polish home completely", said President Andrzej Duda during a speech at a beer hall in Katowice, defending the government's judicial reforms
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Just a court, just a judgment, just the constitution, just EU law we are (or will be) ignoring. This is the stuff dictatorships are made of.
Prime Minister: 'The European Court of Justice is not the Final Judgement, it's just a court.'
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If Hungary and Poland's descent into authoritarianism has taught me anything, it is that the annihilation of #ruleoflaw always begins with (and cannot happen without) appointment of integrity-free, most unscrupulous and/or most mediocre individuals to most senior legal positions.
I see Attorney-General @SuellaBraverman & Lord Chancellor @RobertBuckland still haven't resigned from a Government intent on undermining the rule of law. I was going to say that's quite extraordinary — but it's now just par for the course. Not a political point. Just a fact.
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As of yesterday #Poland is no longer a democratic regime governed by #ruleoflaw following adoption of blatantly unconstitutional Muzzle act & open fascistic disregard for authority of PL Supreme Court & EU Court of Justice. Process of de facto exit from EU legal order has begun.
A deputy minister says he "doesn't give a damn" about today's Supreme Court ruling because he is "on the side of Poles" and "these 60 professors are not authorities for me". "I am insulted by judges who usurp the right to decide what is the law in Poland and what is not.".
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On current trajectory Poland will soon become EU's 1st country with fully fledged Soviet-style justice system where "control of courts, prosecutors and judges lies with the executive and a single party” & judges can be punished at will by party's henchmen .
The disciplinary prosecutor, P. Radzik, declares today's decision of three Chambers of the SC illegal and not having binding force. He threatens the judges that will apply the SC's decision with instituting disciplinary proceedings against them. @EUCourtPress @EU_Commission
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Translation of "compromise" proposed by Poland's ruling party to @VeraJourova: "If you let us continue to adopt "reforms" which blatantly violate Polish Constitution & EU law we will pretend our "reforms" reflect German, French, etc., systems even though it is of course bullshit".
.@ZiobroPL: Zaproponowałem p. Komisarz kompromis możliwy do przeprowadzenia w ramach wyłaniania sędziów w Polsce(. ) Chodzi o przeniesienie wprost rozwiązań znanych bardzo dobrze w systemie europejskim, bo funkcjonujących w największym państwie UE, a mianowicie w Niemczech
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@BeataSzydlo Are you the same individual who shamelessly & deliberately violated the Polish Constitution by refusing to publish several rulings of Poland's still independent Constitutional Tribunal? if so, I would not lecture the rest of us on #ruleoflaw matters.
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Poland’s #ruleoflaw crisis in (some key) figures: my public service thread of the week ahead of the #Marsz1000tóg this Saturday.
European judges support Polish independent judges, joining the silent march on 11.01.2020
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#RuleofLaw breakdown in #Poland: 🚨 For Amsterdam District Court, Polish courts are *no longer independent* from Polish gov/parliament and ECJ must now explain consequences to draw from this finding as regards European Arrest Warrants (have been warning about this for a while).
De Internationale Rechtshulpkamer van de rechtbank Amsterdam concludeert dat Poolse rechtbanken niet langer onafhankelijk zijn en stelt vragen aan Europees Hof van Justitie over de consequenties voor de overlevering van verdachten.
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Key🇪🇺messages to🇵🇱's ruling party: . ⛔️Suspend bill so as to carry necessary consultations.⛔️Stop making #ruleoflaw situation worse.⛔️Stop ignoring ECJ case law.⛔️Stop undermining functioning of EU legal order. Last warning short before application to ECJ for #InterimMeasures?.
Z najwyższą uwagą zapoznałem się z listem @VeraJourova ws. ustawy represyjnej. Zapewniam, że Senat RP skorzysta ze wszelkich przewidzianych prawem możliwości, by stanowione w naszym kraju prawo dotyczące sędziów było zgodne z regulacjami i wartościami Unii Europejskiej.
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Very happy to confirm that my annulment action against @EUCouncil following their refusal to disclose the then confidential opinion of the Council Legal Service re what is now EU #ruleoflaw conditionality regulation 2020/2092 has been successful with my two pleas in law upheld 🍾.
Congrats to @ProfPech for winning his access to documents case today against the EU Council - the judgment concerns public access to the legal service opinion on the proposal to link EU spending to the rule of law. Full text of the judgment:
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Poland’s democracy is being boiled to death while the world watches | View
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Polish MoJ "may well be able to intimidate Polish judges and illegally pressure them into not applying the CJEU judgment, it will not be able treat judges in other EU countries this way […] This raises the question of whether Poland wants to remain in the EU". #Polexit.
Poland plunges into legal chaos: MARCIN MATCZAK on the fallout of the burn-down-the-house policy of the Polish government re judicial independence
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I regularly get unpleasant emails in relation to my work/public stance on the rule of law situation in Poland/Hungary so it is nice to also receive supporting ones too. Dziękujębardzo Jacek
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Polish ruling party's so-called "reforms" akin to a "case of carpet bombing [. ] This is no reform, it’s destruction” . The right diagnosis by @VeraJourova. Now time for more infringement actions & interim measures so as disable these 4 sham bodies asap.
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#RuleofLaw breakdown in #Poland: Here is #JudgeTuleya standing in front of now unlawfully captured Supreme Court where bogus "Disciplinary Chamber" is busy unlawfully colluding with ruling party to bring sham criminal charges against targeted judges to scare rest into submission.
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"of course we are afraid, we have loans, small children". not a statement from a judge living in a dictatorial regime in the making in a far away land but from a judge living in a Member State of the EU in 2020. time for @vonderleyen & @eucopresident to WAKE UP & raise the alarm.
Sędziowie są po stronie Pawła Juszczyszyna. „Są pewne wartości. Albo ważniejsza jest dla nas praworządność i dobro obywatela, albo nasz prywatny interes. Przed takimi dylematami dziś stajemy. I oczywiście że się boimy, mamy kredyty, małe dzieci”, mówi Rafal Jerka. @RadioZET_NEWS
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Judge Tuleya: “Next year, some of us might be removed from office and those who will remain will be harassed into obedience . We will go back to the times of communism, when the judiciary was under the heel of politicians. We need to stand our ground while we still can".
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#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 ⬇️.
#RuleofLaw breakdown in #Poland: 🚨 For Amsterdam District Court, Polish courts are *no longer independent* from Polish gov/parliament and ECJ must now explain consequences to draw from this finding as regards European Arrest Warrants (have been warning about this for a while).
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#Poland: We're witnessing *total breakdown* of #ruleoflaw with PiS controlled/unlawful body (Disciplinary Chamber) involving PiS controlled/unconstitutionally captured Const Trib trying to prevent not-yet-captured Supreme Court for applying EU law to PiS controlled/unlawful NCJ.
Kolejne krętactwo konstytucyjne: TK ma rozpatrzyć tzw spór konstytucyjny i uniemożliwić Sądowi Najwyższemu kontrolę powołań sędziowskich.i wykonanie wyrokuTSUE. Ale tam nie ma żadnego sporu: SN nie uzurpuje żadnej kompetencji Sejmu! Julia do Brudnej Roboty, wspierana przez P+P.
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One figure to understand how Poland's ruling party is attempting to (re)establish Soviet-style justice system: In last year & a half *1,174* disciplinary investigations were started against judges out of a total of approx 10k professional judges . #RoadtoAutocracy.#StalinPlaybook.
"An enslaved court leads to an enslaved nation. I've seen how communist mechanisms work and I don't want a repeat.” Couldn’t have said it better myself. What the PiS government is doing here comes straight from Stalin’s textbook. or Putin’s
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#Poland's worsening #ruleoflaw breakdown in 3 daily fines.1⃣ €100.000 per day for violating ECJ order in C-441/17 R (Białowieża Forest).2⃣ €500.000 per day for violating ECJ order in C-121/R (Turów mine).3⃣ €1.000.000 per day for violating ECJ order in C-204/21 R (#MuzzleLaw).
#ECJ Vice-President orders #Poland to pay a daily fine of €1m for not suspending national legislation relating, in particular, to the jurisdiction of the Disciplinary Chamber of the Supreme Court #RuleOfLaw .👉
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To fully appreciate dangers of Orban’s #DictatorshipBill (soon to be Act) and misleading nature of this op-ed, one must analyse law in light of Orban’s record when it comes to (annihilating) #democracy #ruleoflaw #humanrights which of course @JuditVarga_EU fails to do .(thread).
Stop lecturing HU Gov by spreading #fakenews! We must do everything to stop the spread of #coronavirus. Let me assure everyone that this is the aim of the bill, which fits in the HU constitutional framework. Read my op-ed on Politico:
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Sir John Major did warn us in April 2016 that "if you want undiluted sovereignty in the modern age, when everybody is interconnected, then go to North Korea because that's where you will get it"
@NadineDorries Good to see your campaign against suppressing free speech includes coded threats to journalists accurately reporting resignations that upset you. Pyongyang awaits.
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Pro bono offer of the month: @ProfKochenov & yours truly have written to 🇵🇱 MoJ @ZiobroPL to share a free copy of our @SIEPS_Sweden book on ECJ #ruleoflaw case law + offer gratis workshop for 🇵🇱 MoJ staff in light of their unusual & persistent inability to comprehend said caselaw
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Meanwhile, in the real world, we are looking at real prospect of seeing first EUMS (i.e. Poland) establishing a Soviet-style justice system in fundamental breach of EU Treaties and open defiance of ECJ case law, with judges to be disciplined & dismissed for applying EU law. .
"The Lisbon Treaty has rediscovered Europe's true soul. It went to the core of our European identity: democracy, the rule of law, rights and liberties for all." − @vonderleyen
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@JKowalski_posel @VeraJourova Dear Janusz, may I suggest you stop embarrassing yourself in public & read the press release which lists i.a. Art 19(1) TEU and Art 47 CFR. And just to let you know you can also download a free copy of the EU Treaties. A Polish version is available here:
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"I followed the dismantling of the Constitutional tribunal and of the independence of the judiciary with disbelief and sadness . Let me be very clear: It is simply wrong to claim that the suggested legislation is close to German law". cc @MS_GOV_PL.
Here is the link to my statement today at the Polish Senate hearing, @PolskiSenat, on the draft law introducing disciplinary measures against judges .
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Brexit troubles in 7 Ds (article is absolutely superb):.1 Delays.2 Disparities.3 Divisions.4 Darkness.5 Dishonesty .6 Desperation.7 Delusion
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"Without independent judges there can be no #ruleoflaw . The EU depends on the existence of the fabric of the law. Without the fabric of the law that applies across Europe the integrity of the EU can be threatened and undermined". John MacMenamin, Irish Supreme Court judge.
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decision "to turn her down had been made because of her pro-European views". Brought to you by the same charlatans who argue freedom of speech is under siege & needs to be more vigorously defended. .
Beard blocked by No 10 as British Museum trustee.
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@JolyonMaugham One of the priorities of elected autocrats is always to go after i.a. judges and civil servants usually via a simultaneous combination of purge and packing measures. It has happened in Hungary, Poland and now UK is on track to follow suit.
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Dutch PM has apparently presented the establishment of a new EU without Hungary and Poland as a last resort solution should HU and PL authoritarian governments continue to destroy the #ruleoflaw.
Opmerkelijk: @minpres noemt ‘heroprichten van EU zonder Hongarije en Polen’ als ultieme optie indien die landen de rechtsstaat teloor laten gaan. Hij roept het Europees Parlement op extra druk op proces te zetten, omdat Hongarije en Polen elkaar straffen in de Raad vetoën.
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Another secret troll farm in action? . Reminder: a troll farm within Poland's MoJ was used to smear independent judges until its existence was revealed last year. This troll farm was responsible i.a. for sending dozens of "f*** off" postcards to First Pres of Poland's Sup Court. .
My inbox is currently targeted by dozens of identical emails demanding "reforms in Polish courts" and talking about "unconditional victory of the ruling party". Surely, all these concerned citizens are anxiously awaiting the debate on #Poland @Europarl_EN tonight. So should you!
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When not busy talking nonsense about French and/or German law to justify their latest industrial scale violation of judicial independence, PiS and its legal eagles are talking rubbish about EU law. #Polexit . #RoadtoAutocracy.
For Polish speakers. my interview on Poland’s tvn24 about PiS latest attacks on judicial independence and why its claims that this is compatible with EU law are total nonsense
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Joke of the day: "#Hungary and #Poland to set up #ruleoflaw institute to counter EU attacks" . Likely essential requirements for the fake experts to be recruited: .1/ Lack of integrity.2/ Lack of expertise and .3/ Ability to lie with a straight face.
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To the journalists out there tasked with extremely difficult feat of explaining/summarising Poland's (multi-faceted) #ruleoflaw breakdown & extent of EU's (in)action, this slide should be helpful. For more details on "2,000 days of lawlessness" in PL, see
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@vonderleyen @AndrzejDuda Shameful. You are congratulating without any reservations someone who has repeatedly violated Poland's Constitution and EU rule of law standards and whose campaign was "marked by homophobic, xenophobic and anti-Semitic rhetoric" acc to @osce_odihr.
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Dear Viktor Orbán, please . 1. Read the EU Treaties.2. Stop violating them .3. Stop violating ECJ rulings.4. Stop harassing critics .5. Stop inciting hatred .6. Stop stealing from EU/HU taxpayers. Thank you.
📬Viktor Orban publishes anti-EU sponsored contents in Spanish right-wing @abcespana . 1. Let’s stop EU as super state .2. Stop EU integration.3. NGOs out .4. Mass migration is danger n.1.5. EU Parliament to be replaced but national parliaments.6. Serbia must join EU #hun
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#RuleofLaw crisis in #Poland: This will be the 1st time the Association of Judges of Ireland "has participated in a public protest either in Ireland or abroad" to defend fellow judges whose independence is systematically undermined by the national authorities. To be commended.
Supreme Court judge will march in Polish judiciary protest
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In full agreement with @wsamraz. By aiming to (unlawfully) prevent implementation of ECJ ruling the unlawfully appointed Head of the no longer independent Constitutional Tribunal (CT) has offered @EU_Commission a pressing reason to initiate infringement action against the CT.
Zgodnie z prawem UE żaden organ krajowy nie może utrudniać wykonania wyroku TSUE. Zawieszenie postępowania, o którym mówi p.Przyłębska, wynika z ustawy. A art. 91 Konstytucji mówi, że umowa międzynarodowa, w tym prawo UE, ma pierwszeństwo przed ustawą. SN może więc jutro orzekać.
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#RuleofLaw breakdown in #Poland: Very significant development = 1st European judgment formally establishing puppet "CT" is an unlawfully composed body = *every* "decision" adopted by any CT panel including any of PiS #Fake Judges violates right to a tribunal established by law!.
Judgment Xero Flor w Polsce sp. z o.o. v. Poland - Election to Constitutional Court irregular, rendering bench unlawful .#ECHR #CEDH #ECHRpress.
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Quiz time: Who said judges should be sent to North Korean-style concentration camps for "re-education"?. 1⃣Stalin?.2⃣Chairman Mao? .3⃣A former MP of Poland's ruling party recently appointed to the country's captured "Constitutional Tribunal"?.
Recently appointed Constitutional Tribunal judge (and before that PiS MP) Krystyna Pawłowicz has been flagged by Twitter for violating their rules on hateful conduct. She is know for her crude and offensive social media posts attacking political and ideological opponents.
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Ladies & Gentlemen, I give you Poland’s former MFA according to whom Poland’s ruling party is entitled to annihilate judicial independence in Poland and ignore ECJ rulings as EU law would not allegedly protect judicial independence of nat courts. #RogueState. #LegalHooligans.
Żadna instytucja unijna nie może rozliczać nas z reform wymiaru sprawiedliwości. To nie są prerogatywy unijne. Nie ma takiego prawa europejskiego. Wszelkie ew kary powinniśmy odliczać z naszej składki. Nie płacimy za bezprawne kary
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Significant development re #RuleofLaw crisis in Poland: European Network of Councils for the Judiciary has just recommended the suspension of Poland’s so-called “National Council of Judiciary” following its unconstitutional transformation into a mere extension of the ruling party
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@sjkaleta @MS_GOV_PL P.S. Regarding German law, may I suggest inviting @prof_mayer? . "Let me be very clear: It is simply wrong to claim that the suggested [Polish] legislation is.close to German law".
Here is the link to my statement today at the Polish Senate hearing, @PolskiSenat, on the draft law introducing disciplinary measures against judges .
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Dublin waiting for UK to propose solutions re customs issue which are *detailed*, *legally credible* & *compatible* with EU rule book. Brexit version of #WaitingforGodot
Brexit draft text and May's speech, now what next? via @RTENewsNow
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