• Datenbank polnischer Sexualtraftäter

      Das polnische Justizministerium hat jüngst eine im Internet veröffentlicht, in welcher persönliche Daten wie Geburtsdatum und Aufenthaltsort nebst Foto von etwa 800 Delinquenten zu sehen sind. Das Register erscheint auch in englischer Sprache als "Sex Offenders Register". "Das Recht auf den Schutz unserer Kinder steht über der Anonymität von Verbrechern" begründete Justizminis ...

      Fachanwalt für IT-Recht- 108 Leser -
    • The European Commission’s Activation of Article 7: Better Late than Never?

      ‘The European Union is first and foremost a Union of values and of the rule of law. The conquest of these values is the result of our history. They are the hard core of the Union’s identity and enable every citizen to identify with it. The Commission is convinced that in this Union of values it will not be necessary to apply penalties pursuant to Article 7 of the Union Treaty ...

      Verfassungsblog- 92 Leser -
    • The Commission takes a step back in the fight for the Rule of Law

      (1) Media reports of 20 December 2017 almost dwarfed the news of the Commission moving to initiate the judicial stage of the infringement proceedings against Poland based on Article 258 TFEU, in relation to certain provisions of the Act on the Common Courts System (the CCS Act). Under these proceedings, the breach of EU law may be established by the CJEU much faster than in t ...

      Verfassungsblog- 70 Leser -
  • The Right to the Truth for the Families of Victims of the Katyń Massacre

    … In recent decades, the jurisprudence of international human rights tribunals has aimed at crystallising the “right to the truth”. This concept was developed in the context of enforced disappearances in South American countries but has also been invoked in dealing with the past in Europe, for instance in the case of accounting for the crimes…

    Verfassungsblog- 71 Leser -

  • Memory Laws and Security

    … of some Poles perpetuating and being complicit in WWII crimes is rebutted by many in Poland, and heroic and martyrologic narratives about Polish history and Poles in European history are preferred by the current right-wing government. From this perspective, national identity is secured and preserved only when a singular version of the past is shared…

    Verfassungsblog- 88 Leser -
  • „A Good Constitution” and the Habits of Heart

    … aspire to be such. Maybe it is even better than „We Poles” truly are and applies certain idealism to our description and self-understanding. Yet, despite this over-idealistic narrative, citizens should always side with the document of hope, and reject document of fear, exclusion and distrust. As we enter the New Year, the question whether there…

    Verfassungsblog- 59 Leser -
  • Some Thoughts on Authoritarian Backsliding

    … In December I took part in a number of discussions, including at two interesting conferences – one in Nijmegen (the Netherlands) and the other in Berlin. Both of these conferences were on the subject of the return of authoritarianism in Central and Eastern Europe, and I believe the points raised at them are worth sharing: 1. Sadly, Poland’s…

    Verfassungsblog- 71 Leser -
  • Next Stop on the Way to Constitutional Disarray in Poland: Electoral Law Reform

    … Last Thursday, the Sejm has passed another hugely controversial law that might change the constitutional setup in Poland without changing a letter of the constitution itself. The law claims, according to its title, to „increase the participation of citizens in the process of electing, functioning and controlling certain public bodies“ (doc. 2001…

    Verfassungsblog- 81 Leser -
  • Bialowieza Forest, the Spruce Bark Beetle and the EU Law Controversy in Poland

    … tried with the final Court decision expected in December 2017. Nevertheless, the Polish minister of the environment Jan Szyszko said on 31 July that the Polish government will ignore the ruling and that the logging will continue in tune with the “protective measures” for the forest, since the Bialowieza Forest seems to be under attack from the Spruce…

    Verfassungsblog- 61 Leser -
  • Provisional (And Extraordinary) Measures in the Name of the Rule of Law

    … The showdown was inevitable. At some point, the Court of Justice had to show its teeth and remind the Polish government of its duty to comply with the rule of law and with the values enshrined in Article 2 TEU. For the Member States of the EU, the rule of law is not an option. You either take it or leave it (and thus leave the EU). However…

    Verfassungsblog- 56 Leser -
  • Rule of Law in Poland: Memory Politics and Belarusian Minority

    … (Instytut Pamięci Narodowej). The institution can be characterized as promoting an openly nationalistic narrative of Polish history, where Poles are always portrayed as victims and rarely as perpetrators, unless they had collaborated with the communist regime. In this regard, the history of Holocaust in Poland has been a matter of particular irritation…

    Verfassungsblog- 85 Leser -

  • A Constitution of Fear

    … When electoral mandates and constitutional/legal change are used in the service of an illiberal agenda, I call this phenomenon „autocratic legalism” K. L. Scheppele, Autocratic legalism, University of Chicago Law Review (forthcoming) The constitutional manifesto of the Polish authoritarians is well known and might be conveniently summarised…

    Verfassungsblog- 41 Leser -
  • President Duda is Destroying the Rule of Law instead of Fixing it

    … Were the president of any country to propose acts of law that remove almost half of the members of its supreme court, interrupt the constitutional term of office of the chairperson of such court, give himself the right to appoint a new chairperson of the court, and finally, interrupt the constitutionally defined term of office of a judicial…

    Verfassungsblog- 86 Leser -
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