We Are Not Helpless
The current debate on how to restore the standards of a democratic state under the rule of law in Poland reminds me of the dilemma faced by King Rex, as described by Lon L. Fuller. Like the king...
View ArticleWhy Poland should join the European Public Prosecutor
After the Polish parliamentary elections, the question of rebuilding the rule of law in Poland has been frequently raised in academic debate. The discourse is largely dominated by the status of the...
View ArticleNot Just Abortion
On 14 December 2023, the European Court of Human Rights (“ECHR”) ruled in the case M.L. v. Poland. The ECHR decided that the restrictions on abortion rights that Poland had violated Article 8 (right...
View ArticleMilitant Rule of Law
Recall the words of Odilon Barrot, Prime Minister under President Napoleon in 1849: La légalité nous tue (Legality kills us). Once again, this comes true. Or, at least, it is paralyzing the rule of law...
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Polish Pandemonium
First of all: this year, we have the honour of being awarded a medal “for exemplary democratic action” by the Theodor Heuss Foundation. This was announced by the foundation this week. Our Thuringia...
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Polnisches Pandämonium
Vorab: Uns wird in diesem Jahr die Ehre zuteil, von der Theodor-Heuss-Stiftung mit einer Medaille “für vorbildliches demokratisches Handeln” ausgezeichnet zu werden. Das hat die Stiftung in dieser...
View ArticleUnveiling Democracy
On 11 January, Advocate General Richard de la Tour delivered his Opinions in two cases, against the Czech Republic and Poland, which cautiously uncover part of the core of the EU value of democracy....
View ArticlePolish Re-Democratisation as “Building Back Better”
Since the new Polish government took power, it has taken first steps to restore the rule of law. These have been quite different in nature, from the soft appeals to comply with the case law of the CJEU...
View ArticleRestoration of the Polish Constitutional Tribunal as Reading the Constitution...
The question of how to restore the fallen and degenerated body that once was the Polish Constitutional Tribunal is finally to make its way to the Parliament this week. The stakes are clear: If we get...
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Polish(ing) Broken Tribunal
No one in Poland has ever doubted that cleaning up after the Law and Justice Party’s (PiS) eight years (2015-2023) in power will be an easy task. After almost three months in power, the new governing...
View ArticleStrengthening the Resilience of the Rule of Law through Democracy
For almost a decade now, the European Union (EU) has been struggling with the erosion of the rule of law in some of its Member States. To explain these multifarious distortions in the EU, the IEP...
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Herkules oder Sisyphus? Vom Erbe des gesetzlichen Unrechts im...
Es gibt verschiedene Metaphern, mit denen man den polnischen Staat beschreiben kann, wie ihn die Partei „Recht und Gerechtigkeit“ (PiS) nach ihrer Regierungszeit in den Jahren 2015 bis 2023...
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Hercules or Sisyphus? On the legacy of statutory lawlessness in...
There are various metaphors which can be used to describe the Polish state as it has emerged from Law and Justice party (PiS) rule 2015-2023. One is “minefield”. Another may refer to “traps” or...
View ArticleRebuilding the Rule of Law
The victory of the opposition in the parliamentary elections in Poland in 2023 followed by the formation of a coalition government paved the way for the rebuilding of the rule of law after a period of...
View ArticleOn Rebuilding and … Keeping the Rule of Law
“The Constitution becomes the focus of our attention, the prism of our perspective. Our efforts are directed to understanding it – and many other things in society as well – in terms of its clauses,...
View ArticleMilitant Public Administration
An unprecedented scandal surrounding a Polish governmental fund established to aid crime victims highlights the role of civil servants in authoritarian state capture. In the country where judges...
View ArticleThe Lighthouse of EU Law Shines on the Polish Constitutional Tribunal
Last week, legal scholars from all over the world met in Freiburg at the ConTrans conference. The ambitious aim of this meeting was to develop a playbook for reinstating the rule of law. Most...
View ArticleUmkämpfte Meilensteine
Am 28. August 2024 haben vier Richterverbände in einer gemeinsamen Pressemitteilung bekanntgegeben, dass sie Berufung gegen den Medel Beschluss (Medel) des Gerichts der Europäischen Union eingelegt...
View ArticleTaking Back Control?
This week, the Polish government unveiled its new migration strategy, titled “Take Back Control. Ensure Security. Poland’s Comprehensive and Responsible Migration Strategy for 2025-2030” (Odzyskać...
View ArticleThe 2025 Polish Presidency of the Council
On 1 January 2025, Poland will assume, for the second time in history, the rotating presidency of the Council of the European Union. The six months of Polish leadership at the Council will come at a...
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