Tag: Constitutional Tribunal




Safjan on Constitutional Tribunal ruling: an extreme scenario, but even EU exit seems possible

The Constitutional Tribunal, by a decision of its full bench, ruled that the resolution of the three combined chambers of the Supreme Court is incompatible with the constitution and international law. According to Professor and CJEU Judge Marek Safjan, this ruling by the Constitutional Tribunal is “highly disturbing” and can even threaten Poland’s membership in the European Union.

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Captured Constitutional Tribunal rules on the Supreme Court: Implementation of CJEU judgment inconsistent with EU law

“Once again, the Constitutional Tribunal has attempted to frustrate the implementation of the CJEU judgment of 19 November 2019.”, stated the case directly judge Piotr Pszczółkowski who issued a dissenting opinion.

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Wyrzykowski: 5 lessons from the constitutional reality in Poland and Hungary

“Thou shalt not be indifferent. The ghost of an authoritarian state stands at the door of your home. It will not knock on the door. It will come in uninvited. And it will stay a long time.” – reminds professor Mirosław Wyrzykowski, former judge of the Constitutional Tribunal of Poland and an outstanding legal authority

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President Andrzej Duda’s attack on Polish constitutional court

On 3 July, the President of Poland Andrzej Duda visited Lwówek Śląski and gave a speech in which he criticized the activity of the Constitutional Tribunal, whose ruling from 2014 recognized the conformity of a gradual increase in the retirement age with the Polish Constitution.

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Act on the National Council of the Judiciary before the Constitutional Tribunal

Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.

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From Constitutional to Political Justice: The Tragic Trajectories of the Polish Constitutional Court

The Polish Constitutional Court, once a proud institution and an effective check on the will of the majority, is now a shell of its former self

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The rule of law in Poland Actions by EU institutions and unaddressed recommendations of the European Commission

Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.

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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.

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The current dismantling of the rule of law in Poland

How is it that suddenly, out of nowhere, Poland, the precocious child of transformation, seems to be returning to the culture of mono-power?

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How Democracy Dies (in Poland): A Case Study of Anti-Constitutional Populist Backsliding

A dramatic change occurred in Polish constitutional politics in 2015: a combined presidential and
parliamentary victory of the populist Law and Justice party [PiS] began a series of deep political and
legal changes which turned the constitutional order on its head in many respects.
In this paper, I provide a detailed account of how comprehensive and momentous the legal changes
are, in particular going so far as to dismantle institutional checks on the government (including
paralysis the Constitution al Tribunal, and then conversion of it into an active supporter of the government) and
to erode a number of individual and political rights, such as the right to assembly and privacy.

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Supreme Courtrule of lawdisciplinary proceedingsEuropean CommissionDisciplinary Chamberjudicial independenceNational Council of the JudiciaryCourt of JusticeAndrzej DudaConstitutional TribunaljudgesPolandpresidential electionselections 2020European UniondemocracyZbigniew ZiobroCourt of Justice of the EUjudiciaryFirst President of the Supreme Courtpreliminary rulingsCJEUMinister of JusticeIgor TuleyaJarosław KaczyńskiCOVID-19Commissioner for Human RightsPresidentProsecutor GeneralprosecutorsLaw and Justicemuzzle lawdisciplinary systemelectionsacting first president of the Supreme CourtMay 10 2020 elections2017Freedom HouseExtraordinary Control and Public Affairs ChamberAdam BodnarVenice CommissionConstitutionNCJcriminal lawNational Electoral CommissionKamil ZaradkiewiczGeneral Assembly of the Supreme Court JudgesAleksander StepkowskiEuropean Court of Human RightsPresident of PolandMałgorzata Manowskademocratic backslidingdecommunizationfreedom of assemblyJulia PrzyłębskaLaw on the NCJrecommendationHuman Rights CommissionerCCBEThe Council of Bars and Law Societies of EuropereportZiobroPM Mateusz Morawieckifreedom of expressionprosecutionEuropean Association of Judges11 January March in WarsawHungaryNational ProsecutorcoronavirusC-791/19disciplinary liability for judgesWojciech Hermelińskiresolution of 23 January 2020Stanisław PiotrowiczPiotr PszczółkowskiJarosław WyrembakLeon KieresAndrzej ZollPKWMarek SafjanMałgorzata Gersdorfinfringment actionEU valuesENCJlex NGOcivil societyRussiaIsraelforeign agents lawOrdo IurisOSCEOrganization of Security and Co-operation in EuropeFirst President of the Suprme CourtPresident of the Republic of PolandJarosław GowinLGBTLGBT free zonesequalityLGBT ideology free zonesSejmChamber of Extraordinary Verificationhate crimeshate speechcriminal codeGrzęda v PolandXero Flor w Polsce Sp. z o.o. v. PolandBroda and Bojara v PolandŻurek v PolandSobczyńska and Others v PolandReczkowicz and Others v. PolandWaldemar ŻurekRafał TrzaskowskipopulismMateusz MorawieckiPrime Ministerequal treatmentfundamental rightspoliceCT PresidentJustice Defence Committee – KOSEUWhite Paperlustrationtransitional justicepublic opinion pollSupreme Court President2018Nations in TransitCouncil of the EUStanisław ZabłockiArticle 7European ParliamentLIBE CommitteeFrans TimmermansUS Department of StateSwieczkowskiSupreme Administrative Courtadvocate generalpress releaseRights and Values ProgrammeconditionalityEU budgetC-619/18defamatory statementsWorld Justice Project awardintimidation of dissentersWojciech SadurskijudgetransferPechKochenovEvgeni TanchevFreedom in the WorldECJFrackowiakretirement ageAmnesty InternationalŁukasz PiebiakPiebiak gatehuman rightstrans-Atlantic valuesLSOlawyersAct of 20 December 2019repressive actKoen LenaertsharrassmentAlina CzubieniakMinistry of JusticeJustice FundGerard BirgfellerEwa Maciejewskapostal votepostal vote billPiS

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