You Can’t Forbid Judges to Think

The Polish judiciary is split apart. One part adheres to the ruling of the Court of Justice of the EU of 19th November 2019, another does not. This legal chaos and catastrophe was caused by the recent judicial reforms and it deprives citizens of the most important right – to be certain what their legal situation in court is.

Continue Reading →

The Struggle of Strasbourg

This year’s Winter Session of the Parliamentary Assembly of the Council of Europe (PACE) saw three distinct yet interrelated developments. On Tuesday, the Assembly decided to open a monitoring procedure with regard to Poland on behalf of the ongoing rule of law backsliding. On Wednesday, the Assembly decided to ratify the credentials of the Russian delegates which had previously been challenged both on procedural and on substantive grounds. Still on Wednesday, the Assembly backed the proposal for the introduction of a new ‘complementary joint procedure’, together with the Committee of Ministers, in response to violations of fundamental principles underlying the work of the organisation.

Continue Reading →

Is it worth being a Rejtan?

The Rejtan’s true gesture – to disagree if something is not consistent with my fundamental beliefs, is it just an act of useless despair? Today I think about it differently. Expressing one’s opinion, thoughts, views, even if it does not bring directly any tangible, immediately visible result, it goes far beyond pure symbolism and translates into reality. I have tried to keep this in mind also in my public activity as a judge.

Continue Reading →