Posts in the category
Legalisation of the National Council of the Judiciary by the Constitutional Tribunal cancelled Is it for fear of Polexit?
‘Why was the hearing cancelled? Either there is a problem with the unanimity of the judges, while the Tribunal likes to speak as one in political matters, or the leaders of the party and the government stopped the consideration of the case, fearing a suspected Polexit.’ argues Ewa Siedlecka in her article
3,000 Polish judges want the dismissal of the National Council of the Judiciary
3007 judges (91 p/c of all those who took part in the vote) are convinced that the new National Council of the Judiciary (KRS) is not performing the tasks it should and 2881 of them believe it should resign. These are the results of a referendum in as many as 139 courts to date. The referendum is underway in the remaining courts. Poland has ca 10 000 judges
Poland: From Paradigm to Pariah? Polish constitutional crisis – interpretations
Explanation and interpretation of the nature and possible causes of the the “Polish constitutional crisis”, i.e. backsliding on the part of Poland into authoritarianism. Firstly, historical – unique nature of the Polish transition from Communism to democracy. Secondly, legal explanation ascribes the crisis to the immaturity of Polish legal culture, in particular its excessive formalism. Third explanation is sociological and interprets the Crisis as one of liberal values in contemporary Polish society.
The Democratic Backsliding and the European constitutional design in error. When will HOW meet WHY?
The democratic backsliding is not just another crisis of governance. Rather it strikes at the very core of the initial bargain that brought states together. Therefore the constitutional redesign should go beyond legal and procedural patching and include renewed acknowledgement of the common values and interests and involving people, beyond states and markets
“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.