What should be done about that, and how, is, of course, an entirely different story, but I would be extremely careful when defending a court that both the ECtHR and the CJEU found to be unlawfully staffed and lacking independence.

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One thing that was true yesterday and will be true tomorrow is that the post-2015 Constitutional Tribunal, especially under the leadership of Bogdan "Godzilla" Święczkowski, is not an independent court but rather a politicised cosplay of what the Tribunal should be.

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My tentative legal assessment of the current situation is "WTF", followed by "those who live in Poland do not laugh at the circus", followed by the ever-popular quip, "this appears to be a Schmittian turn in the Polish rule of law crisis", but this is not a coup.

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I see some established political scientists sharing pics of the police on the streets of Warsaw and commenting that the removal of the Tusk government by force is underway, and I am not sure if these posts will age well.

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🇵🇱⚖️ To anybody using the word "coup" with regard to whatever is happening in Poland, a friendly reminder that a coup happens when somebody is trying to remove the government, not when the government is trying to remove somebody else.

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