[THREAD] The Court of Justice 🇪🇺 hears two requests for preliminary ruling from @rbankamsterdam regarding the lack of independent judiciary in 🇵🇱 Poland and its repercussions on EAW and the right to fair trial.

🔹 http://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-354/20%20PPU
🔹 http://curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-412/20%20PPU https://twitter.com/DorotaBawolek/status/1315632382955917315
Judge Dalkowska, deputy MoJ, PL rep: This case is "extremely dangerous" as it may undermine judicial cooperation under EAW and set a precedence for questioning the independence of one member state's judiciary by other member state without any evidence. https://twitter.com/DorotaBawolek/status/1315632395018743809
Dutch representative of a Polish suspect, M. Bruijn: We all know that the whole house is burning but Poland does not see any fire and smoke. https://twitter.com/DorotaBawolek/status/1315634469521547268
M. Bruijn: Poland's arguments are opportunistic and hypocritical. We do not advocate for EAW-suspects' impunity but for their right to fair trial. https://twitter.com/DorotaBawolek/status/1315636737624936449
T. Mustafazade, representing the second suspect: The Dutch court is not obliged to execute the EAW because it was issued by a body that does not meet requirements for effective judicial protection and is not a "court". https://twitter.com/DorotaBawolek/status/1315638483814408196
Both Dutch representatives claim the systemic assessment of member state's judiciary is sufficient to refuse to execute an EAW. However, according to Belgium and Ireland, a case-by-case determination and its impact on the right to fair trial is needed. https://twitter.com/DorotaBawolek/status/1315648884287442945
The Commission counters the Dutch arguments. It does not support Poland but claims it is wrong to automatically assume that systemic deficiencies in the justice system influence court proceedings before Polish courts. https://twitter.com/DorotaBawolek/status/1315652101746417665
Commission does not agree with Dutch reps who hold that Polish courts can't be considered as "courts" anymore. "The Commission knows the situation in Poland but it can't argue that every Polish judge is not impartial". https://twitter.com/DorotaBawolek/status/1315673575840526336
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