On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).

If the mentioned provisions of the Treaties are found to be unconstitutional, they will cease to be applicable in Poland. Therefore, it will create an apparent basis for disregarding interim measures granted by the Court of Justice, including interim order suspending the functioning of the Disciplinary Chamber of the Supreme Court. Continue reading Statement of retired Constitutional Tribunal judges of 27 April 2021 →

The Constitutional Tribunal of the Republic of Poland will hold a hearing on Wednesday, 28 April at 1 p.m., on the constitutionality of EU legislation defining the obligations of Member States to enforce securing orders issued by the CJEU (case ref. P 7/20).

The question was presented by former prosecutor Małgorzata Bednarek from the Disciplinary Chamber of the Supreme Court, who wants the Constitutional Tribunal to assess whether the imposition of security measures by the Court of Justice of the EU – the so-called interim measures – is in line with the Polish Constitution. The CJEU imposed such a safeguard on the Disciplinary Chamber on 8 April 2020 by prohibiting it from operating in disciplinary cases regarding judges. Continue reading What will happen in the Constitutional Tribunal on 28 April 2021? →

Press release

IUSTITIA: Disciplinary Chamber Denies Validity of CJEU Ruling and Intends to Rule upon consent to detain Judge Igor Tuleya

On 21 April 2021, in Warsaw, the politicised Disciplinary Chamber of the Supreme Court will hold a meeting to decide upon consent to detain Judge Igor Tuleya and forcefully bring him to the Prosecutor’s Office. This is another act of negating the validity of the ruling of the Luxembourg-based Court of Justice of the European Union (CJEU) by the Disciplinary Chamber. In the judgement of 8 April 2020, case C-791/19 Commission v. Poland, the CJEU ordered the suspension of the Disciplinary Chamber’s activity in cases of disciplinary liability of judges.

The proceedings against Judge Tuleya exemplify a gross disregard for the CJEU ruling and European Commission actions. Let us recall that on 9 June, the politicised Disciplinary Chamber ruled once on Tuleya’s immunity. On 24 June 2020, the Polish government submitted explanations to the European Commission in how this action complied with the CJEU ruling. Since then, the European Commission has not requested the CJEU to impose financial penalties. It submitted another complaint regarding interim measures that would suspend the Disciplinary Chamber in all its activities. Continue reading IUSTITIA: Disciplinary Chamber Denies Validity of CJEU Ruling and Intends to Rule upon consent to detain Judge Igor Tuleya →