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By *ostafun OP Man
over a year ago
near ipswich |
The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system? |
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By (user no longer on site)
over a year ago
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"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?"
I don’t know, what do you think OP? |
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By *ostafun OP Man
over a year ago
near ipswich |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
I don’t know, what do you think OP? "
(I dont really know enough about it the polish gov says its needed because of political corruption but the ecj have give them a month to disband it.There is usually an expert about to explain it all properly. |
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By (user no longer on site)
over a year ago
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Hello
Yes there is an election in May and the ruling party PIS is expected to do what it needs to do to hold power, the issues with the current Judicial System is that a disciplinary chamber was put in place in 2017 by PIS to manage the affairs of the Judiciary and was seen to be not within the meaning of EU law. |
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By *mmabluTV/TS
over a year ago
upton wirral |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?"
Best way to have that and full independence is to leave the EU
|
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"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?Best way to have that and full independence is to leave the EU"
We had independence. |
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"Hello
Yes there is an election in May and the ruling party PIS is expected to do what it needs to do to hold power, the issues with the current Judicial System is that a disciplinary chamber was put in place in 2017 by PIS to manage the affairs of the Judiciary and was seen to be not within the meaning of EU law. "
Ah, so it's not the judiciary system itself that the ECJ have suspended, but a very corrupt mechanism put in place by a dodgy government to control the judiciary?
I'd suggest that's a good thing OP? |
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By *ostafun OP Man
over a year ago
near ipswich |
"Hello
Yes there is an election in May and the ruling party PIS is expected to do what it needs to do to hold power, the issues with the current Judicial System is that a disciplinary chamber was put in place in 2017 by PIS to manage the affairs of the Judiciary and was seen to be not within the meaning of EU law.
Ah, so it's not the judiciary system itself that the ECJ have suspended, but a very corrupt mechanism put in place by a dodgy government to control the judiciary?
I'd suggest that's a good thing OP?"
Well i dont know if its a corrupt system or not do you? The ECJ say that it doesnt conform to its rule of law but does that make it corrupt? it was formed to stop corruption of politicians or so they say. |
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By *asyukMan
over a year ago
West London |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?"
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo? |
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By *ostafun OP Man
over a year ago
near ipswich |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?"
Exactly thats why we left the club  but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month. |
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By (user no longer on site)
over a year ago
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The government in Poland (PiS) wants to take control of the supreme court and the disciplinary chamber. In this way they will gain absolute power in the country.
The supreme court would have judges supporting the government party (PiS)
The same would happen in a disciplinary chamber.
What this means for country and society probably everyone can understand.
And this does not apply only to Poland. The supreme court and the disciplinary chamber must be independent. This is the basis of the rule of law in every country. |
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By *ostafun OP Man
over a year ago
near ipswich |
"The government in Poland (PiS) wants to take control of the supreme court and the disciplinary chamber. In this way they will gain absolute power in the country.
The supreme court would have judges supporting the government party (PiS)
The same would happen in a disciplinary chamber.
What this means for country and society probably everyone can understand.
And this does not apply only to Poland. The supreme court and the disciplinary chamber must be independent. This is the basis of the rule of law in every country."
I thought the president puts forward nominations to be approved by the senate in the USA so cant see any difference to that,just that the ecj has no power in the usa. |
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By *asyukMan
over a year ago
West London |
"The government in Poland (PiS) wants to take control of the supreme court and the disciplinary chamber. In this way they will gain absolute power in the country.
The supreme court would have judges supporting the government party (PiS)
The same would happen in a disciplinary chamber.
What this means for country and society probably everyone can understand.
And this does not apply only to Poland. The supreme court and the disciplinary chamber must be independent. This is the basis of the rule of law in every country.I thought the president puts forward nominations to be approved by the senate in the USA so cant see any difference to that,just that the ecj has no power in the usa. "
Which politicised the selection process and calls into question all decisions made by the Supreme Court. Are they made on a legal or partisan basis?
It shouldn't be necessary to second guess the "stance" of a judge on any given subject because they shouldn't have one. |
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By *asyukMan
over a year ago
West London |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month. "
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute? |
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By *ostafun OP Man
over a year ago
near ipswich |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month.
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute?"
yeah i can see that you do like a list |
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By *asyukMan
over a year ago
West London |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month.
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute?yeah i can see that you do like a list"
Well done ignoring the point.
This sort of response doesn't really provide anything interesting to think about or discuss. It's just deflection and a demonstration of personal animus. |
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By *ostafun OP Man
over a year ago
near ipswich |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month.
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute?yeah i can see that you do like a list
Well done ignoring the point.
This sort of response doesn't really provide anything interesting to think about or discuss. It's just deflection and a demonstration of personal animus."
The point is the list you gave are international rules recognized by the world the ecj does not have the same credence. |
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By (user no longer on site)
over a year ago
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In Poland, the president appoints them and appointed judges take the oath. The president appoints judges based on the conclusions of the National Council of the Judiciary.
The whole problem lies precisely in the independence of disciplinary chamber. |
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By *asyukMan
over a year ago
West London |
"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month.
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute?yeah i can see that you do like a list
Well done ignoring the point.
This sort of response doesn't really provide anything interesting to think about or discuss. It's just deflection and a demonstration of personal animus.The point is the list you gave are international rules recognized by the world the ecj does not have the same credence. "
The USA has held up the appointment of judges to the WTO and does not recognise the International War Crimes Tribunal.
The ECJ has exactly the same status as the countries in the EU have agreed to abide by its judgements. In the same way as a contract for two Russian companies can be disputed in Singapore if they both agree to it or two parties agree to abide by an arbitration even though that is not a court process.
Your interpretation seems at odds with how the law actually functions. |
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"The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.So what happened to the right to have your own judicial system?
Poland joined the EU under a certain set of rules defined in the treaty.
The ECJ is a Court that arbitrates on if the treaty is broken.
They decided that it has. Poland has been censured appropriately.
If you don't like the rules, don't join the club.
If you wish to exercise the right to surrender the independence of your national judiciary you can, but you cannot be in the club.
If you break trade rules you have a ruling against you by the WTO.
If you commiut war crimes the International War Crimes Tribunal comes after you.
The International Tribunal for the Law of the Sea inteprets matters in that area.
International Court of Justice adjudicates on legal disputes between member states of the UN.
Are you saying that there should be no legal process above that created by nation states?
Would you be confident of receiving due process if you were tried in Russia or DR Congo?Exactly thats why we left the club but i hardly think having a different retirement age for men and women can be compared to war crimes.It will be interesting to see what the outcome will be next month.
I've just given you a list of international legal bodies.
Are you saying that there should be no supranational legal system?
National law is absolute?yeah i can see that you do like a list
Well done ignoring the point.
This sort of response doesn't really provide anything interesting to think about or discuss. It's just deflection and a demonstration of personal animus.The point is the list you gave are international rules recognized by the world the ecj does not have the same credence. "
It does have scope over those parts of the world that have become members of the EU and agreed terms with it though, including the role of the ECJ and responsibilities of member states. It's a recognised institution internationally, not needing to have more expansive responsibilities and jurisdiction than it has had for many years. |
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