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Just finished reading rich & compelling Order of the European Court of Justice in Case C-791/19 R Commission v Poland. Below a thread building on Prof @PlatonSbastien's prior quick assessment 
https://twitter.com/PlatonSbastien/status/1247823600972976134
https://twitter.com/PlatonSbastien/status/1247823600972976134
2/ Background: This is the unprecedented *third* interim relief order adopted by the Court in relation to unprecedented violations of #ruleoflaw committed by Poland’s ruling party (previous two: unlawful logging of Białowieża Forest case & attempted purge of Sup Court case)
3/ Present order forms part of third infringement action directly based on Art 19(1) TEU/principle of judicial independence initiated by Commission. Polish authorities lost previous 2 actions unsurprisingly considering blatant nature of their violations of basic legal principles
4/ Order itself is compelling and its main outcome unsurprising: so-called disciplinary chamber, Poland’s ruling party’s modern equivalent of English medieval “star chamber” must stop its (arbitrary) activities. On its members see https://ruleoflaw.pl/new-supreme-court-judges-rule-their-appointments-were-proper-european-commission-questions-status-of-disciplinary-chamber/
5/ Key para (if one has to pick only 1) is para 35: EU law precludes setting up of disciplinary bodies which fail themselves to satisfy guarantees inherent in effective judicial protection, including that of independence = no room for sham, bogus, kangaroo "courts" like disc ch
6/ And if I could pick a 2nd para para 90 would be my choice = “mere prospect” for judges to “face the risk of a disciplinary procedure” before a sham body like disc ch is likely to affect their independence regardless of no of proceedings or outcomes of proceedings to date
7/ For those interested in procedural matters order is instructive, esp. on issue of why Comm failed to bring app for interim measures from start. Personally find Commission’s rationale weak if not naïve but ECJ found it “reasonable” for Comm to await outcome of PR ruling in AK
8/ Most disappointing aspect: Commission’s failure to ask Court to provisionally grant requested interim measures from start of action + its failure to request penalty payment in case of non-compliance when requesting them in Jan.
Have they learned nothing from past 5 years?
Have they learned nothing from past 5 years?
9/ Most inane claim (from a long list): Polish gov’s claim that suspension of bogus DC would violate “fundamental structural principles of the Polish state”. Absurd and also rich coming from those having violated Polish Constitution & judicial independence on an industrial scale
10/ What needs to be done: stop pretending dialogue is solution & initiate infringement actions *asap* against:
"muzzle law"
ENCJ-suspended “Council for the Judiciary"
sham “Extraordinary Control" chamber
& last but not least, against captured “Constitutional Tribunal"
"muzzle law"ENCJ-suspended “Council for the Judiciary"sham “Extraordinary Control" chamber & last but not least, against captured “Constitutional Tribunal"
11/ Latest cynical ploy by Polish PM to involve captured CT in violation of Polish Constitution & EU Treaties = open warfare by PiS = Polexit back on agenda
Time for Commission and other EUMS to wake up and smell the coffee which, in this case, is more akin to napalm
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Time for Commission and other EUMS to wake up and smell the coffee which, in this case, is more akin to napalm
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PS. @Verfassungsblog post on ECJ order should be ready tomorrow but all background info/analysis you need to understand horrifying, almost unbelievable reality of #ruleoflaw breakdown in #Poland, what has been done & not done to date can be found here: https://verfassungsblog.de/1460-days-later-rule-of-law-in-poland-r-i-p-part-ii/
