Blog of the International Journal of Constitutional Law

Tag: Polish Constitution

  • JHH Weiler, Co-Editor in Chief, in Conversation with Professor Wojciech Sadurski

    —J.H.H. Weiler, Co-Editor in Chief, ICON, and Wojciech Sadurski, University of Sydney One of the more ‘elegant’ ways of restricting freedom of political speech and academic freedom is to use libel and defamation laws. It has increasingly become the weapon of choice of various political actors and regimes.

  • ICON Book Review: Piotr Mikuli on Wojciech Sadurski’s “Poland’s Constitutional Breakdown”

    [Editor’s Note: This book review by Piotr Mikuli of Wojciech Sadurski’s new book, Poland’s Constitutional Breakdown, is forthcoming in the next issue of ICON.] Wojciech Sadurski. Poland’s Constitutional Breakdown. Oxford University Press, 2019. Pp. 304. ISBN 978-0198840503 The book’s title refers to the expression “constitutional breakdown”, which seems to reflect the author’s profound thoughts regarding the process of unconstitutional actions that one can observe in Poland following the accession to power of the Law and Justice Party (PiS).

  • 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]

  • The Declining State of the Judiciary in Poland

    —Piotr Mikuli, Professor and Head of Chair in Comparative Constitutional Law, Jagiellonian University in Kraków, Poland For several months now, the Polish government has been deliberating on the Article 7 TEU sanction procedure with the EU, but the ruling party does not seem to be tackling the problem seriously, playing a tricky game with the EU commission instead, probably in hopes of tiring it out.

  • Constitutional Fidelity and the Polish Constitution

    –Tomasz Tadeusz Koncewicz, University of Gdańsk, 2017-18 LAPA Fellow, Princeton University, currently Visiting Professor, Radzyner Law School, IDC Herzliya Tread softly because you tread on my dreams –W.B. Yeats, The Cloths of Heaven Recent weeks have seen the biggest mass protests in Poland since 1989.

  • The Polish Revolution: 2015-2017

    —Anna Sledzinska-Simon, University of Wroclaw Today’s revolutions do not need violence to bring about a deep change of political structures. Instead, they may occur by a gradual overtake of all public powers, including the judiciary, by the winning majority. The Polish Revolution did not happen overnight, but through a series of acts taking place under the cover of the night–like the President signing the critical amendments to the Act on the Constitutional Tribunal shortly before midnight, or taking the oath of office after midnight from unlawfully appointed judges.

  • Of the Politics of Resentment and European Disintegration: Are the European Peoples Ready to Keep Paddling Together? Part II

    [Editor’s Note: This is Part II of a two-part series. Part I was published here on February 26, 2017.] —Tomasz Tadeusz Koncewicz, Professor of Law and Director of the Department of European and Comparative Law at the University of Gdańsk, Poland* As I have argued in Part I of this series, the “politics of resentment” endanger the very basis of mutual trust between member states that has been defining the European project ever since its inception[1].

  • 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.