Rule Of Law

    • 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- 42 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 -
  • A Stress Test for Europe’s Judiciaries

    … The rule of law, judicial independence and separation of powers are values guaranteed in constitutions of member states of the Council of Europe. Nevertheless, in recent years, a number of challenges to these accepted values have emerged in different countries all over Europe. Events in countries like Hungary, Ukraine, Slovakia and Turkey should…

    Verfassungsblog- 85 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 -
  • For Central Europe’s Illiberal Democracies, the Worst is yet to Come

    … Next week the Polish parliament will most likely pass a bill sponsored by the ruling Law and Justice party, introducing a total overhaul of the country’s judicial system. The tenures of all judges sitting on the Supreme Court, Poland’s highest judicial instance, will be immediately expired, while their successors will be installed by the justice…

    Verfassungsblog- 88 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 -

  • The Turkish Constitutional Court under the Amended Turkish Constitution

    … situates the state of emergency outside the scope of the State under the rule of law. In four landmark decisions in the 1990s and 2003 the TCC established various limiting criteria emergency decrees have to fulfill. It reasoned that if these criteria are not met, the decrees are ordinary decrees and could be subject of constitutional review. In its…

    Verfassungsblog- 67 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 -
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