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
3rd European Commission Report on rule of law in Poland: it’s getting worse
The report contains Commission’s position for the hearing of Poland before the Council of the EU on 11 December 2018. Commission maintains that Poland does not comply with its recommendations concerning the rule of law. The recent amandment to the law on Supreme Court is seen as a positive development. But other problems remain
Position of the Stefan Batory Foundation Legal Expert Group on the amendment to the law on the Supreme Court adopted on 21 November 2018
Batory Foundation Legal Expert Group concludes that nothwitstanding the positive direction of the Amendment Act on the Supreme Court, it is primarily an instrument to obtain desired effect in the negotiations with the EU.
Freedom House Report “Nations in Transit” 2018 – a dramatic decline of Poland’s Democracy Score
The report “Nations in Transit” published yearly by Freedom House analyses key factors of democratic rule in the post-communist countries in Europe and Central Asia. In the 2018 edition, Poland recorded the largest category declines and the second-largest Democracy Score decline in the history of the Report
“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
Six bold resolutions of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw of 20 September 2018
The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw points out that the method of forming a part of the membership of the National Council of the Judiciary through the appointment by the Sejm of 15 judges gives rise to serious reservations as to its compliance with the Constitution of the Republic of Poland and EU standards
Position of the Stefan Batory Foundation Legal Expert Group on the procedure for selecting Supreme Court judges
Unconstitutional selection panel, unconstitutional and unreliable selection procedure and lacking candidates taking part in the gross betrayal of the values underlying legal professions.
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
Polish NGOs call on the President of Poland not to swear in new Supreme Court judges
There are times when history goves us a choice, write Polish NGOs to President Andrzej Duda
PiS’ night-time attack on the independence of the courts in Poland and on the CJEU judgment. The new bill, point by point
Supreme Court strikes at illegitimate judicial bodies
Polish judge persecuted for implementing Court of Justice verdict
NGOs and academics urge von der Leyen to block disciplinary measures with ECJ help [open letter]
Oral justification of the Supreme Court judgment in connection with the CJEU ruling regarding the Disciplinary Chamber and the National Council of the Judiciary