All posts tagged: judicial

Polish divorcees find they may still be married amid chaotic judicial cleanup – POLITICO

Polish divorcees find they may still be married amid chaotic judicial cleanup – POLITICO

Published by Sam Flores

The case boils down to moves by Tusk’s pro-EU administration to reject decisions by some judges appointed under the right-wing Law and Justice (PiS) administration that led Poland’s government from 2015 to 2023. The Giżycko judge ruled that the couple’s original divorce judgment was legally “non-existent” because it had been signed off by one of the “neo-judges” appointed under reforms designed by previous Justice Minister Zbigniew Ziobro. EU courts later ruled that Ziobro’s overhaul had undermined judicial independence, leaving Tusk’s government grappling with how to dismantle the system without undermining legal certainty. It’s unclear how many similar rulings may exist across Poland, but the scale is vast. The country records around 57,000 divorces a year, and tens of thousands of routine cases, including divorces, may have been decided by judges appointed under the disputed system. Kinga Skawińska-Pożyczka, a lawyer at Warsaw-based firm Dubois i Wspólnicy, said the decision was flawed and should be overturned on appeal, arguing that a court handling a property dispute should not have questioned the validity of a final divorce ruling. …

US Judge Rules ICE Raids Require Judicial Warrants, Contradicting Secret ICE Memo

US Judge Rules ICE Raids Require Judicial Warrants, Contradicting Secret ICE Memo

Published by skeptic

A federal judge in Minnesota ruled last Saturday that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment after they forcibly entered a Minnesota man’s home without a judicial warrant. The conduct of the agents closely mirrors a previously undisclosed ICE directive that claims agents are permitted to enter people’s homes without a warrant signed by a judge. The ruling, issued by US District Court judge Jeffrey Bryan in response to a petition for a writ of habeas corpus on January 17, did not assess the legality of ICE’s internal guidance itself. But it squarely holds that federal agents violated the United States Constitution when they entered a residence without consent and without a judge-signed warrant—the same conditions ICE leadership has privately told officers is sufficient for home arrests, according to a complaint filed by Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector. In a sworn declaration, Garrison Gibson, a Liberian national who has lived in Minnesota for years under an ICE order of supervision, says agents arrived …

EU-Mercosur trade deal stalled as MEPs send it for judicial review – POLITICO

EU-Mercosur trade deal stalled as MEPs send it for judicial review – POLITICO

Published by Sam Flores

The delay now raises the question of whether the EU executive will provisionally apply the agreement while waiting for the court to rule — putting the two institutions on a collision course over democratic accountability. The outcome represents a major defeat for the European Commission and countries backing the deal, which want to deepen ties with the Mercosur countries — Argentina, Brazil, Paraguay and Uruguay — and see the accord as the perfect opportunity to stand strong against U.S. President Donald Trump’s erratic tariffs.  “The more trading partners we have world-wide, the more independent we are. And that is exactly what we need now,” the European Commission President Ursula von der Leyen said in a last-minute appeal to lawmakers earlier on Wednesday.  Bernd Lange, the chair of the Parliament’s international trade committee, condemned the outcome of the vote. “Absolutely irresponsible. This is an own goal,” Lange posted on X. “Those against #EU #Mercosur should vote against in consent procedure instead of using delaying tactics under the guise of legal review. Very harmful for our economic interests and standing. Team Europe putting …

NAHT loses appeal against judicial review refusal

NAHT loses appeal against judicial review refusal

Published by skeptic

Union leader speaks of ‘disappointment’ as leaders report ‘massive’ demands of new inspections Union leader speaks of ‘disappointment’ as leaders report ‘massive’ demands of new inspections The NAHT leaders’ union has lost its appeal against a decision by the High Court to throw out its legal challenge to new Ofsted inspections. The union filed a claim for judicial review at the High Court in May, warning members feared the increase in the number of sub-judgments under new report cards “will only increase high-stakes accountability and pressure”. The new inspections, which began this month with volunteer schools, involve settings being judged with one of five grades in up to eight judgment areas. The union opposed the report card proposals on legal grounds, “arguing that adequate consultation has not been conducted regarding the plan for a new five-point scale to grade schools”. Its action was supported by the National Education Union and ASCL leaders’ union. But earlier this month the High Court denied the NAHT permission for a judicial review, At the time, the Honourable Mr Justice …