Farewell to the Separation of Powers – On the Judicial Purge and the Capture in the Heart of Europe

Having regard for the existence and future of our Homeland, Which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate, We, the Polish Nation - all citizens of the Republic […] Recognizing our responsibility before God or our own consciences, Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities. We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.
Preamble to the Polish Constitutionof 1997 
The Court celebrates its centennial and … dies in silence

2017 was supposed to be a special year for the Supreme Court in the same way as 2016 should have been special for the Polish Constitutional Court. In the former case 2017 marks the centennial of the Court’s existence (1917 – 2017), in the latter 2016 the 30th anniversary of the Constitutional Court’s operation. It turns out that in both cases, rather than celebrating the past and looking into the future, the anniversary turned out to be the end of the road for both supreme jurisdictions.

Late at night on Wednesday, July 12, 2017, a legislative proposal amending the Act on the Supreme Court (draft no. 1727) has been pulled out of a hat like a rabbit and submitted to the Sejm. The date is important as it marks the end of the Polish Supreme Court as we used to know it, and heralds the death knell for the rule of law in Poland (for recap see statement by Professor E. Łętowska here and also analysis by M. Kisilowski here) ...

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Prof. Ewa Łętowska explaines how Polish judiciary's independence just ceased to exist

Law and Justice (PiS), the ruling party in Poland, has just introduced two pieces of legislation that effectively subjugate the judiciary system to their current government. Currently they are working on a third to take over the Supreme Court. Prof. Ewa Łętowska (Polish Academy of Sciences) explains in simple words, how PiS crushed the judiciary system in Poland.



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