Posts in the category
25 retired judges of the Constitutional Tribunal appeal to PM Morawiecki to withdraw his motion in K 3/21 case
‘Concerns are increasingly being voiced that our country has reached a critical point in its recent history, and that it is up to the Constitutional Tribunal, among others, to ensure that the path of development chosen in 1989, based on the principle of a democratic state of law and integration with Western Europe, is not interrupted.’ – a statement by 25 retired judges of the Constitutional Tribunal
Constitutional Tribunal ruled: CJEU interim orders do not apply in Poland
The Constitutional Tribunal presided over by former PiS MP Stanisław Piotrowicz ruled that the CJEU’s interim orders on the structure of courts in Poland are inconsistent with the Polish constitution. During the hearing, the CJEU suspended the Disciplinary Chamber of the Supreme Court with such a ruling.
Judge Biernat: Prime Minister’s motion to the Constitutional Tribunal creates a false conflict between EU law and the Constitution
The Constitutional Tribunal will consider Prime Minister Mateusz Morawiecki’s motion to examine the constitutionality of the provisions of the EU Treaty on 13 July. ‘The applicant is acting in bad faith and creating a false conflict between EU law and the Constitution,’ explains Professor Stanisław Biernat. This is an interpretation of international law like that from imperial states, from Russia,’ considers Professor Jerzy Kranz.
Defending the EU against “grand corruption”. Rule of law conditionality mechanism and Poland
Why the existing EU instruments have been unable to prevent the “grand corruption”? Why the risk increases significantly with the launch of the Recovery Fund? Piotr Bogdanowicz and Piotr Buras argue that
the prompt use of the rule of law conditionality mechanism is a necessary measure as the EU defends
itself against the exacerbation of “grand corruption” and “authoritarian equilibrium”
that threaten the future of the EU.
PM action to review constitutionality of EU Treaty now in English
We obtained an English translation of the Prime Minister Morawiecki application for constitutional review of the Treaty on the European Union dated 29 March 2021
Solidarity counts the most. Human rights after Adam Bodnar
Poland of 2020 openly undermined the present concept of human rights protection on an unprecedented scale. The same year saw an awakening of social awareness and mass mobilization in defense of human rights. What will come next?
The Constitutional Tribunal has gone on holiday. In 2019, it handed down the fewest judgements in 20 years
The statistics on the work of the Constitutional Tribunal in 2019 give a picture of the Tribunal’s work in its third year under the presidency of judge Julia Przyłębska. The results are not impressive
Report: The rule of law crisis in the time of the COVID-19 pandemic
Civil Development Forum (FOR) presents the third report on the crisis of the rule of law in Poland. This part deals with the rule of law and the functioning of the legal system during the COVID-19 pandemic
Report: Rule of Law in Poland 2020: International and European responses to the crisis
In its second report, the Civil Development Forum (FOR) evaluates measures used by the European Union, Council of Europe and other international actors to deal with the rule of law breakdown in Poland
Before It’s Too Late Open Letter to the President of the European Commission regarding the Rule of Law Breakdown in Poland
‘The only way to contain the increasing lawlessness that we are witnessing in Poland is for your Commission to step up to the task it is given under the Treaties to enforce EU law. Do not further delay action in the name of dialogue. One simply cannot engage in dialogue with a pyromaniac who is actively adding fuel to a blaze. The rule of law in Poland is not merely being attacked. It is being destroyed in plain sight. ‘ – writes a dozen of law professors from across the globe to the European Commission President