Search Results for: EU reform treaty

Ever since winning the general election of Poland in 2015, the Polish government led by the Law and Justice Party (PiS), has continuously pushed the country to adopt a series of judicial reforms supposedly to drive out the last strands of communism from the judicial set-up. These reforms, however, have been highly controversial in that [...]

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Between a rock (trade wars) and a hard place (U.S. critiques), the WTO Appellate Body has been passing through some turbulent times. Due to the paralysis of the Appellate Body, the European Union (EU) and some other twenty countries have agreed on an arrangement, known as the Multiparty Interim Appeal Arbitration Arrangement (MPIA), which allows [...]

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The Supreme Court of Poland released a statement Tuesday warning that the country’s drafts of judicial reforms could be in violation of European Union (EU) law. The country’s nationalist government is currently advocating for legislation that punishes Poland judges for questioning judicial nominations. Proponents of the legislation argue that the law is needed for greater [...]

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The European Commission referred Poland to the European Court of Justice Thursday for violating judicial independence. In an April 3 letter, the Commission outlined in detail Poland’s failure to provide an effective right to remedy before an independent and impartial court under Article 47 of the Charter of Fundamental Rights of the EU. Poland has also [...]

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“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” ~James Madison In the years following the fall of the Soviet Union, Poland emerged as a nation poised to embrace [...]

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The European Commission on Wednesday launched infringement proceedings against Poland by sending a Letter of Formal Notice regarding its new disciplinary regime for judges. The notice alleges that the new regime “undermines the judicial independence of Polish judges by not offering necessary guarantees to protect them from political control, as required by the Court of Justice [...]

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The EU on Monday referred  Poland to the Court of Justice of the EU due to a new law that would force 27 Supreme Court judges to retire. Poland’s new law lowers the retirement age of Supreme Court judges from 70 to 65, which would require that 27 out of 72 sitting Supreme Court judges [...]

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