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Klagen können
Wenn die EU-Organe tun, was sie nicht dürfen, klagt man dagegen vor den EU-Gerichten. Sollte man meinen. Normalerweise tut man das nicht, und im Regelfall ist das auch nicht nötig: Für effektiven...
View ArticleSorge über den Fluss
Die Sorge geht über den Fluss. In einem Bändchen mit diesem Titel greift der Philosoph Hans Blumenberg die Fabel Cura des römischen Dichters Gaius Julius Hyginus auf, die vor ihm schon Herder, Goethe...
View ArticleNo Longer Feeling the Energy
On 25 August 2022, the government of Poland surprised all when it sent a previously approved (but unannounced) bill (“Ustawa”1)) on the termination of the Energy Charter Treaty (ECT) to the State’s...
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In a Handful of Dust
Last night, while news of the British Queen’s death was spreading across the world, I went to a staged reading of T.S. Eliot’s great poem The Waste Land by the Nico and the Navigators Company at the...
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In einer Handvoll Staub
Gestern Abend, während die Nachricht vom Tod der britischen Königin sich über die Welt verbreitete, war ich bei einer szenischen Lesung von T.S. Eliots Großgedicht The Waste Land von Nico and the...
View ArticleThe “Year of Historical Memory” and Mnemonic Constitutionalism in Belarus
Introduction: a “lesson of history” on 1st of September 2022 amidst the war On 1st of September 2022, the academic year in all Belarusian schools started with an atypical lesson, on “historic memory” –...
View ArticlePandering to peoples’ emotions is no solution
A political party wins an election after a long stint in opposition and wants to carry out necessary reforms. Unfortunately, several constitutional court judges, appointed by the previous government,...
View ArticleDefending the Judiciary
This article was written on 1 May 2022 and does not take more recent developments into consideration. The Polish constitution from 1997 was designed for an open society: for a democratic, pluralistic...
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View ArticleA fragmented response to media freedom at risk in the Union
The Polish and Hungarian governments have famously parted ways over responses to the Russo-Ukraine war. However, internally, both continue to rely on similar structural changes in the media environment...
View ArticleHostile Constitutional Interpretation
What to do with the façade institution that was once known as the Polish Constitutional Court in a way that would respect the Constitution? Recently, the Supreme Administrative Court stated the obvious...
View Article7 Years Later: Poland as a Legal Black Hole
7 years after the activation of the pre-Article 7 procedure in January 2016, Poland has become a “legal black hole”, to borrow the expression used as a warning by Advocate General Bobek in a case...
View ArticleFrozen
After years of inaction, the European Commission and Council jointly acted to freeze EU funds totaling more than €28.7 billion for Hungary and more than €110 billion for Poland at the end of 2022,...
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In Jerusalem my Heart wanted to Scream out: “I am Polin, too” …
“In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot” Czesław Miłosz, Nobel Lecture, 8th December 1980 I went to Israel at a moment’s notice...
View ArticleMedia Pluralism in KRRiT-ical Condition
In April 2023, the Chairman of the Polish National Broadcasting Council imposed a 80.000 PLN (that is 20.000 Euro) fine on Inforadio, the owner of the independent TOK FM radio station (the ‘TOK FM...
View ArticleThe Law to Take Out Tusk
“The U.S. Government is concerned by the Polish government’s passage of new legislation that could be misused to interfere with Poland’s free and fair elections. We share the concerns expressed by many...
View ArticleSpotlight Interpretation and its Devastating Effects
After 1989 Poland struggled to build up a free state based on the rule of law. More recently, illiberal constitutionalism has been damaging these hard-won gains. This blogpost will argue that the...
View ArticleDoing Justice to Poland’s Muzzle Law
On 5 June 2023, the Court of Justice issued its fourth infringement judgment in relation to yet another Polish piece of legislation – informally known as the muzzle law – which aimed to dissuade or...
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