Simon Cox Profile picture
Aug 29, 2018 18 tweets 6 min read Twitter logo Read on Twitter
#Poland: Gov using Constitutional Court (Gov-controlled?) to block Supreme Court from suspending law giving Gov control of judiciary. Thoughts from EU law PoV 1/17
There are two legal challenges underway vs Poland Gov’s attempt to capture the judiciary: 1. PL Supreme Ct case 2. @EU_Commission infringement vs Poland. But this hasn’t been filed with CJEU yet 2/
(There’s a third challenge - Commission’s proposal for *political* action by Council under article 7 of Treaty of EU.) 3/
On 2 Aug, Supreme Ct sent Qs about EU law to CJEU & suspended the case to wait for the answer.

Sup Ct also suspended the new law to avoid a breach of EU law until a ruling… 4/
Supreme Ct asked CJEU to expedite the case - which it probably will. Poland’s #RuleOfLaw crisis is important & urgent. A ruling could be made within a few months. 5/
But PL Gov doesn’t want to wait for CJEU and Supreme Ct. It’s asked the Constitutional Court to declare the suspension contrary to Poland’s constitution. 6/
EU law matters here. When Poland joined EU, it agreed to be bound by EU law, including judgments of CJEU. 7/
Under CJEU caselaw, a national court has the *duty* to uphold the effectiveness of EU law in cases before it, even if that conflicts with the national constitution. 8/
And under EU law each national court has the *right* to refer Qs to the CJEU. No other court can deprive it of that power. 9/
So, Con Ct cannot interfere with Sup Ct’s right to ask Qs to CJEU. But Con Ct hasn’t (yet) been asked to do this (afaik) 10/
Instead, Con Ct *has* been asked to use PL law to overturn Supreme Court’s interim suspension of the new national law.

Does EU law allow this? 11/
EU law *doesnt* prevent superior national courts from deciding that an inferior court’s interim ruling wasn’t needed *by EU law*.

But this does require the superior court to consider *EU law*. 12/
So Poland’s Con Court would break EU law if it overturned Supreme Ct’s suspension ruling *only under the constitution* 13/
EU law allows PL Con Ct to decide EU law Qs itself. But because there’s no appeal from its rulings, EU law only allows this if the answers are “acte clair” - ie completely clear.

How can they be that clear when Poland’s SUPREME Court thought the Qs needed CJEU to rule. 14/
So, if PL Con Ct respects EU law, it cannot rule on Gov’s claim before CJEU has given its ruling on Sup Ct’s Qs. 15/
A Con Ct ruling reversing Sup Ct before CJEU’s answers wd be a serious worsening of Rule of Law crisis and threatening Poland’s membership of EU. 16/
And would such a Con Ct ruling be respected within Poland’s legal order? Judges could consider such an order as outside Con Ct jurisdiction, especially if Sup Ct eventually rules that law is ineffective for breach of EU law. 17/17

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Simon Cox

Simon Cox Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @SimonFRCox

Oct 4, 2018
Areopagitica was Milton’s call for rational, evidence-based debate - to ensure Parliament acts wisely. My kinsman abuses it for nationalist rhetoric…
Areopagitica was Milton’s argument against Government censorship, at height of English civil war. It’s themes are Liberty & Truth.… >
For Milton, democracy meant an engaged public, informed & debating.… >
Read 5 tweets
Sep 18, 2018
No-deal Brexit threatens pensions & benefits of 100s of 1000s of UK & EU27 citz who aren't citizens of where they live. Thread 1/
EU law guarantees EU citz equal treatment & portability of old age pensions, child benefits & many disability benefits. UK cant discriminate against UK pension holders who live elsewhere in EU. Nor can EU27 stop pensions for their citizens in UK . 2/
EU social security "co-ordination" is one of the oldest - & greatest - legal rights in the EU. Since 1957 EU citz have known they can move around, change job and they will not be treated the worse for it. 3/
Read 14 tweets
Sep 18, 2018
UK media can’t deal with a news story where what British voters want doesn’t matter much for what they get. >
Good eg of liberal media denialism @guardian @jessicaelgot “UK can just decide to cancel A50 - but does it want to??”

No - real news is “EU probably wont even let UK do that...” >
News presentation can’t be explained by general journo reluctance to say “UK can’t decide this alone”. Guardian’s does that for climate change & more >
Read 5 tweets
Sep 13, 2018
Europe’s strong line against Orbán is a historic moment for democratic unity. Especially for conservatives. #Hungary

A celebratory thread. 1/
Orbán’s Party - Fidesz - is a long-standing member of @EPP , Europe’s main alliance of conservative parties. So is Angela Merkel’s CDU. 2/
As Orbán helmed Hungary towards menacing autocracy, the EPP just kept on paying out more rope. Emboldened, Fidesz became more outrageous. 3/
Read 10 tweets
Sep 13, 2018
Why did UK Tories oppose EU broad-based action to defend #Hungary’s democracy? Thread 1/
#Orbán’s popular - but corrupt & racist - regime was charged before Europe’s directly elected Parliament with undermining Hungary’s democracy… 2/
Conservatives across Europe joined a broad spectrum of the overwhelming majority of MEPs to demand action. (The first time these new powers have been invoked by Parliament) 3/
Read 17 tweets
Sep 13, 2018
Fascinating info from field study on #migrantworkers in #Italy ‘s farms.

In Ragusa, Romanians (new to sector) get worse wages than Tunisians (long connections, unionized)! >
Farmwork is increasingly women’s work in Italy. Asylum-seeking mothers with humanitarian permits work on farms - because having children mean employers won’t take them for domestic work.
Those fresh oranges from #Italy? The farmer got 35 cents for a kilo. Picked by Africans, Albanians, Romanians for low low wages with shitty accommodation.
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!