Posts in the category
“Existential Judicial Review” in Retrospect, “Subversive Jurisprudence” in Prospect: The Polish Constitutional Court Then, Now and … Tomorrow
The symbolic jurisprudence and the rule of law will never be wiped out entirely as long as judicial review and the Constitution will be reinforced by the ordinary courts, and as long as citizens do not forget about the institution they used to call “Polish Constitutional Court”. Once the ordinary judges fail the test, and cave in to the political pressure, and the citizens forget, subversive jurisprudence will indeed reign supreme
Poles agree: EU Court of Justice has the right to stop illegal judiciary reform [POLL]
According to the latest poll, majority of Poles believe that the Court of Justice of the EU is entitled to stop Law and Justice’s judiciary reform if it concludes that the EU rules have been violated. The Polish people widely support firm actions by the Court against the right-wing government
Devastation of Poland’s Supreme Court and judicial independence: the situation in July 2018
Following initiation of infringement procedure by the EC, the ruling majority made a deliberate effort to take over the Supreme Court in July 2018, before the EU Court of Justice had a chance to assess the law on the Supreme Court.
Changes to Supreme Court introduced on the 3rd of July 2018
Judge Darisz Mazur on the changes in the Supreme Court of Poland including Disciplinary Chamber and Chamber of Extraordinary Claim and Internal Affairs
The Polish Law on the Supreme Court in light of rulings of the Court of Justice of the European Union
Legal analysis from June 2018 argues that Polish legislation was at that time violating EU Treaties and Charter of Fundamental Rights, that it remains in competence of the Court of Justice and potential insufficient implementation of the ruling could lead to financial penalties.
Where the law ends. The collapse of the rule of law in Poland – and what to do
The authors, from Batory Foundation Idea Forum and ESI, argue that the Polish case is a test whether it is possible to create a Soviet-style justice system, where the control of courts, prosecutors and judges lies with the executive and a single party, in an EU member state.
Remarks on decommunization of the judiciary
In Poland reckoning with the Polish People’s Republic is still underway – and doesn’t look to end any time soon. It is nor hampered by death of people and groups publicly charged
CJEU Opens the Door for the Commission to Reconsider Charges against Poland
The clock is ticking, in particular regarding the SC judges. It depends only on the Commission whether it will allow that the values expressed in Art. 2 TEU be merely set down on paper, or whether it will attempt to convince the CJEU that these values have – in the case of Poland – been breached. The green light shown by the CJEU could not be greener.
The current dismantling of the rule of law in Poland
How is it that suddenly, out of nowhere, Poland, the precocious child of transformation, seems to be returning to the culture of mono-power?
How Democracy Dies (in Poland): A Case Study of Anti-Constitutional Populist Backsliding
A dramatic change occurred in Polish constitutional politics in 2015: a combined presidential and
parliamentary victory of the populist Law and Justice party [PiS] began a series of deep political and
legal changes which turned the constitutional order on its head in many respects.
In this paper, I provide a detailed account of how comprehensive and momentous the legal changes
are, in particular going so far as to dismantle institutional checks on the government (including
paralysis the Constitution al Tribunal, and then conversion of it into an active supporter of the government) and
to erode a number of individual and political rights, such as the right to assembly and privacy.