Polish Constitutional Tribunal

    • One Law, Two Justices

      Poland’s prolonged rule of law crisis goes beyond the political and legal to the psychological. Those who believe in the value of respect for the law, the inviolability of the constitution and the independence of the courts have seen the things they believe in ruthlessly destroyed. They are likely to be experiencing a psychological trauma.

      Verfassungsblog- 40 Leser -
  • Defenceless Formalists: on Abuse of Law and the Weakness of the Polish Judiciary

    … and then married his widow. As king, David had the right to order Uriah to take part in the battle, but he did so to achieve his own ends, not to defend the country. Marshalling the law to one’s own ends Abuse of law is a recurring element of Poland’s rule of law crisis. It enabled the authorities to take control of the Constitutional Tribunal (CT) when…

    Verfassungsblog- 41 Leser -
  • Is Poland’s President Duda on the Road to Damascus?

    … Polish President Duda’s veto of the government’s bills on the judiciary caught both the governing party and the opposition by surprise, and can indeed be seen as something of a miracle. The President’s consistent support for all of PiS’s previous assaults on the rule of law in Poland had not given much hope for his conversion, yet he found…

    Verfassungsblog- 94 Leser -

  • How to Demolish an Independent Judiciary with the Help of a Constitutional Court

    … of work on reform of the National Council of the Judiciary. The reason why the current Polish Government unexpectedly suspended the process of usurping control of the national judicial system in order to enlist the help of the constitutional court can be understood with the help of a metaphor. Let us assume that: i) the Constitution is an approved…

    Verfassungsblog- 69 Leser -
  • An Eye for an Eye: Law as an Instrument of Revenge in Poland

    … symmetry in the current constitutional crisis arising from the actions of the Polish ruling party, PiS. The saga revolving around the appointment of three anti-judges (Cioch, Morawski and Muszyński) to the Constitutional Tribunal (CT) in December 2015 offers a case in point. For a year, the right of these three figures to sit on the CT was questioned…

    Verfassungsblog- 32 Leser -
  • A Polish Marbury v. Madison?

    … Last week the Warsaw Court of Appeal officially asked the Polish Supreme Court whether a civil court is entitled to assess the validity of appointing Julia Przylebska as the new President of the Constitutional Tribunal (CT). If the question is answered in the affirmative, it could be the first step towards extending the remit of civil courts…

    Verfassungsblog- 41 Leser -
  • Poland’s Constitutional Tribunal under PiS control descends into legal chaos

    … December 2016 brought some new developments in the Polish constitutional crisis. Judge Rzepliński stepped down from the court and a new set of three statutes was introduced to allow Law and Justice (Prawo i Sprawiedliwość, PiS) to take over full control over Poland’s constitutional court, the Constitutional Tribunal (CT). The statutes gave…

    Verfassungsblog- 43 Leser -

  • Polish Constitutional Tribunal goes down with dignity

    … The Polish Constitutional Tribunal’s last stand ? On 11 of August 2016 the Polish Constitutional Tribunal (“Tribunal”) decided case K 39/16 in which it disqualified, for the second time in the span of 5 months, court-packing provisions contained in the Law of 22 July, 2016 on the Constitutional Tribunal. Separation of powers, judicial…

    Verfassungsblog- 41 Leser -
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