Tag: Polish Constitutional Tribunal
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Symposium | Part IV | After the decision of the captured Polish Constitutional Tribunal: jurists trying to have and eat their cake
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the fifth entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Part III | Let’s take a deep breath: on the EU (and academic) reaction to the Polish Constitutional Tribunal’s ruling
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the fourth entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Introduction | The Polish Constitutional Tribunal Decision on the Primacy of EU Law: Alea Iacta Est. Now what?
[Editor’s Note: I-CONnect is pleased to feature a symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This introduction will be followed by four posts exploring different aspects of the decision and its impact.]
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Attacking Judicial Independence Through New “Disciplinary” Procedures in Poland
—Piotr Mikuli, Professor and Head of Chair in Comparative Constitutional Law, Jagiellonian University in Kraków, Poland The close relationship between the political branches of the government and judiciary undoubtedly raises questions about the real level of judicial independence in Poland. By working in tandem with the hijacked National Council of the Judiciary and the Constitutional Tribunal,[1] as well as by strengthening the role of the Minister of Justice, the Polish politicians of the ruling party are exerting influence at almost all stages of appointments, promotions, and disciplinary proceedings for judges.[2]
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The Holocaust Law Triggers Unanticipated Consequences
–Wojciech Sadurski, Challis Professor of Jurisprudence, The University of Sydney; Professor, Center for European Studies at the University of Warsaw; Visiting Professor, Yale Law School. With one stroke of a pen, the Polish President Andrzej Duda in the beginning of February focused the attention of the world on three phenomena, highly embarrassing to the current Polish elite, that they would like to keep hidden from scrutiny: Polish anti-Semitism, breaches of freedom of speech, and the dismantling of Polish Constitutional Tribunal.
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On the Looming Split in the Polish Constitutional Order: Harris v Dönges in Central Europe?
—Mikołaj Barczentewicz, University College, University of Oxford As has been widely reported (see, e.g., here), the Polish Constitutional Tribunal is now headed and effectively controlled by the judges appointed in a controversial manner by the Law and Justice (Prawo i Sprawiedliwość, PiS) party.
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A “Stunning” Decision of the Polish Constitutional Tribunal: The Ritual Slaughter Case
–Anna Śledzińska-Simon, University of Wroclaw[*] When a judge is to decide on the conformity of a ritual slaughter ban with a constitution she cannot help but realize that it is material for a landmark decision. Yet, in Poland the full panel of the Constitutional Tribunal missed this chance and rendered a judgment that is wrong – both for procedural and substantive reasons.