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

Read More

REPORT of the Stefan Batory Foundation Legal Expert Group on the impact of the judiciary reform in Poland in 2015-2018

The measures adopted by the ruling majority, the Government and the President appear to intend to ensure that the executive and legislative branch can take control of the judiciary and as such they raise serious concerns about the separation and independence of courts in Poland.

Read More

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.

Read More

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

Read More

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

Read More

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.

Read More

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

Read More

“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

Read More

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

Read More

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.

Read More