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A Polish law that allows the justice minister to second judges to higher courts and end that secondment at any moment is incompatible with European Union treaties, according to an adviser to a top EU court.
Advocate General Michal Bobek’s assessment on Thursday marks another blow to the eurosceptic ruling coalition in Poland, headed by the Law and Justice (PiS) party, which has been at odds with the EU over its judiciary measures since it took power in 2015.
The Luxembourg-based European Court of Justice (ECJ) usually, though not always, follows opinions issued by its advocates general in its rulings.
Magistrate Slams Poland for Shuttling Judges Between Courts courthousenews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from courthousenews.com Daily Mail and Mail on Sunday newspapers.
The entrance hall of Interpol’s headquarters in Lyon, France. (AP Photo/Laurent Cipriani, File)
(CN) Europe’s top court ruled Wednesday that someone who’s been prosecuted in one European Union state should not face arrest and extradition to a nation outside the bloc for the same crimes.
The European Court of Justice’s decision came in a case involving a German man facing extradition to the United States on charges of corruption, money laundering and fraud even though he had paid fines in Germany in connection with the same charges.
Wednesday’s ruling by the court’s Grand Chamber was largely in line with an advisory opinion issued in November by a magistrate at the court, Advocate General Michal Bobek, who said the legal principle of double jeopardy should apply both within the EU and outside it. Most jurisdictions worldwide have adopted the principle that prevents someone from being tried for the same crime twice after a valid verdict has been rendered.
On April 20, 2021, the UK Competition and Markets Authority, the German
Bundeskartellamt and the Australian Competition and Consumer Commission issued a joint statement on merger control to highlight the need for rigorous and effective merger enforcement on a global basis. It is addressed to businesses, advisers, courts, and governments. The statement was prompted by high levels of concentration across certain markets in the UK, Germany, and Australia; an increase in the number of merger reviews involving dynamic and fast-paced markets; and political pressure to relax merger control where markets have been weakened, including by the pandemic.
Two key related messages emerge from the statement. First, competition authorities and courts must ensure that merger control consistently prevents firms from using M&A to gain market power, even in weakened markets, because it is difficult to reverse the loss of competition and the long-term negative consequences for businesses and end c