“For the political judges of the CJEU, the well-being of Polish children does not matter. It is important to touch Poland, which began to protect them from being exported abroad,” Justice Minister Zbigniew Ziobro wrote on Twitter, referring to the CJEU ruling in a case involving two children whose the parents are Polish but they were born in Ireland.
READ MORE: Two Polish children have to return to Ireland. This has been decided by the CJEU. Minister Wójcik: The verdict is an attack on Polish children
For the political judges of the CJEU, the well-being of Polish children does not matter. It is important to hit Poland, which has begun to protect them from being exported abroad. Poland is being deprived of the right to protect citizens who have returned to the country because they feel safe here
wrote the minister.
Two children have to return to Ireland?
Two Irish-born minor children of Polish parents have lived in this EU Member State since birth. In the summer of 2021, the children and the mother went on holiday to Poland, to which the father agreed. In September 2021, the mother informed the father that she would stay with the children permanently. The father, who did not agree to such a permanent move, applied to the Polish courts to order the return of the children.
The Warsaw Court of Appeal upheld the decision of the Court of First Instance ordering the return of both children to Ireland. When the decision became enforceable, the Ombudsman for Children and the Attorney General submitted a request to suspend its implementation.
Suspension of enforcement of a final judgment
From 2022, the Polish Code of Civil Procedure will allow the Prosecutor General, the Ombudsman for Children and the Ombudsman to obtain a stay of enforcement of a final judgment ordering the return of children issued under the Hague Convention on the civil law aspects of international children’s rights. Kidnapping. These authorities are not obliged to justify the request for suspension.
Such a request suspends execution for a period of two months. In addition, if the said authorities lodge an appeal in cassation against the decision ordering the return, the suspension will be extended by operation of law until the completion of the proceedings before the Supreme Court. Moreover, even if this appeal fails, the suspension can be obtained again by submitting an extraordinary appeal.
judgment of the CJEU
The CJEU ruled on Thursday that EU law precludes national authorities from obtaining, without justification, a stay of enforcement of a final judgment ordering the return of a child.
He further added that the requirement of efficiency and speed applicable to the adoption of a decision ordering the return of the child is also binding in the context of the enforcement of such a decision.
kk/Twitter/PAP
Source: wPolityce