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Wednesday, October 27, 2021

CJEU judgment. Waldemar Żurek: This is a powerful weapon in the fight against the authoritarian state. Politicians’ comments

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Wednesday’s judgment of the CJEU in the case of the Polish judiciary is a powerful weapon in the fight against an authoritarian state – said judge Waldemar Żurek. According to Kamila Gasiuk-Pihowicz, MP from the Civic Coalition, “the CJEU is sending Zbigniew Ziobro back to studies”. Prime Minister Mateusz Morawiecki stated that the ruling “hypothetically would lead to very deep chaos” in the judiciary.

The Court of Justice of the European Union has ruled on Wednesday that the transfer of a judge without his consent to another court or between two divisions of the same court may violate the principles of irremovability and independence of judges. The ruling of the CJEU also shows that the circumstances in which the judge of the Extraordinary Control and Public Affairs Chamber of the Supreme Court, Aleksander Stępkowski, was appointed may lead to the conclusion that the appointment was “gross violation of the basic rules of the procedure for appointing judges of the Supreme Court, which are an integral part of the Polish system and functioning. judiciary “.

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Żurek: we obtain a powerful weapon in the fight against the authoritarian state

The CJEU ruling is the result of a complaint lodged in this case by judge Waldemar Żurek. The CJEU answered the question referred for a preliminary ruling by the Supreme Court.

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– The laws that were adopted by our parliament and authorities were obviously contrary to the constitution and EU law. The judgment of the CJEU confirms this, we have a happy day today. We obtain a powerful weapon in the fight against the authoritarian state – commented judge Żurek.

He added that “the guidelines of the CJEU are so clear and strong that even if the current rulers tried to manipulate the composition of the Supreme Court in order to combine these illegal judges with legal ones, every judge in Poland may directly apply EU law – this is also what this judgment – and declare such decisions null and void. “

Gasiuk-Pihowicz: The CJEU sends Ziobro to study again

In turn, Gasiuk-Pihowicz said in the Sejm “what today’s ruling of the CJEU means for an average citizen”. – It means that judgments issued by neo-judges in the Supreme Court appointed by the politicized NCJ may be considered invalid – she explained.

She explained that “a citizen going to court in the matter of inheritance, recovery of stolen property, wrongly imposed tax will not be sure whether the judgment in his case has been issued or is final”. – In short – a citizen going to court will not know whether he received a piece of paper or a judgment issued on behalf of the Republic of Poland – Gasiuk-Pihowicz emphasized.

– The CJEU sends Zbigniew Ziobro back to study and explains to the minister what the principle of effective judicial protection is. Moving judges between divisions due to the whim of the president of the court violates the principle of irremovability and independence – she added.

Gasiuk-Pihowicz: The CJEU sends Zbigniew Ziobro back to study againTVN24

Morawiecki: the CJEU judgment hypothetically leads to deep chaos

Prime Minister Morawiecki was asked by journalists about the judgment of the Court of Justice of the European Union during a conference in Slovenia. – If the CJEU issues a judgment as a result of which hundreds of thousands of judgments issued by judges appointed over the last few years are to be challenged, put into question, one should consider what such a judgment leads to – he said.

The head of government assessed that “hypothetically it would lead to a very deep chaos, because in hundreds of thousands of court decisions, Polish citizens could not be sure as to the application of the law”.

– This attempt to hit the heart of the stability of the social and legal system is an attempt to far-reaching destabilization of this system. We cannot allow this, stressed the Prime Minister.

Morawiecki: the CJEU judgment is an attempt to far-reaching destabilization of the social and legal systemTVN24

Main photo source: TVN24



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