The Winding Road To The Mountaintop
We have learned very well how to violate the rule of law. We can identify the weak links of checks and balances and how to effectively eliminate them from functioning. The art of making institutions...
View ArticleRestoring the Rule of Law
In the last decade, the rule of law in Poland was methodically undermined. This would not have been possible without the parliamentary majority of the United Right coalition formed in late 2015 and the...
View ArticleSchrödinger’s Judges
The Polish rule of law restoration, following the opposition’s victory in December 2023, centres on the status of ‘neo-judges’ appointed after a 2018 reform under the Law and Justice (PiS) party, which...
View ArticleLay Judges in Common Courts
Disclaimer: The author worked for Ministry of Justice of the Republic of Poland as an expert on lay judges, and since 18th of October 2024 has been appointed as a Minister of Justice Plenipotentiary...
View ArticleOne Year After Wałęsa v. Poland
The implementation of judgments issued by the European Court of Human Rights (ECtHR) in cases concerning the protection of the rule of law represents one of the most serious challenges the Polish...
View ArticleCharting Change
The ongoing reform of the Polish Prosecution Service, initiated by separating the roles of Prosecutor General and Minister of Justice, aims to restore the rule of law and enhance the institution’s...
View ArticleProtecting Poland’s Public Media
Under Tusk’s government, political considerations often overshadowed strict adherence to the law in public media changes. However, public media and the Polish Press Agency showed improvement compared...
View ArticleBlinded by Legality
The Venice Commission’s recent opinions on Poland’s judicial reforms have prioritized formal legality over substantive judicial independence. The Commission thereby effectively legitimizes the...
View ArticleCan the Rule of Law Be Restored by Violating Its Principles?
This post concerns one of the crucial problems of transitional constitutionalism after a period of democratic and rule of law backsliding: how to restore the principle of the rule of law? Are there...
View ArticlePaying Judges Properly
On 22 February, several thousand marched in downtown Budapest for an independent judiciary, including fair pay for judges. Three days later, the CJEU issued an important decision in Joined Cases...
View ArticleA PR Stunt Over Accountability
In the previous Law and Justice (PiS) administration, the Public Prosecutor’s Office (PPO) had been significantly politically compromised. PPO, under the Prosecutor General Zbigniew Ziobro, was the...
View ArticleRestoring Polish Judicial Independence
Restoring the Polish rule of law without doing more damage to it is a vexing challenge. Building Back Better becomes even more complex when the current president – part of the autocratic Law and...
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