Functioning of the Constitutional Tribunal 2014-2017 – Report of the Stefan Batory Foundation Legal Expert Group

Based on Constitutional Tribunal own data, the report highlights significant drop of CT proceedings in 2017. In addition, the adjudicating panel selection and disqualification motions justify concerns about the possibility of the current CT management using its powers to achieve a specific decision on the merits.

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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.

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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.

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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

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Resolution of the Assembly of Representatives of Judges of the Regional Court in Kraków of 26 February 2018. (the extract)

The Assembly of Representatives of Judges of the Regional Court in Krakow draws attention to the fact that subordinated to the political factors law
enforcement authorities have been taking actions of repressive character towards judge Waldemar Żurek for the period of around 2 years. Recently, the newly
– appointed President of the Court has also taken actions of repressive character.

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Iustitia Association of Polish Judges answers to the White Paper prepared by the Polish government

This response to the White Paper compendium presented by the Government of the Republic of Poland to the European Commission was prepared by the Polish Judges Association “Iustitia”, together with a team of experts, in order to present a realistic picture of the reforms of the Polish justice system, which have been made in Poland over the last two years.

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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.

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Poland: From Paradigm to Pariah? Polish Constitutional crisis – facts and interpretations

An outline of legal and constitututional developments in Poland under the rule of the Law and Justice Party, which include the threat of EU sanctions over reforms to the judiciary and the recently announced and highly controversial Holocaust bill

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The regress of democratic and liberal human rights standards – Helsinki Committee’s in Poland statement

“The two years that passed since November 2015 have brought the highest number of challenges and threats to human rights and freedoms in the entire post-1989 period”, reads today’s statement of the Helsinki Committee in Poland.

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