Katja Kippings "Klassenjustiz"-Tweet, oder das Verfassungsgericht als politischer Feind

Die Parteivorsitzende der Linken Katja Kipping hat das Bundesverfassungsgericht nach dem CETA-Beschluss als "Handlanger der großen Koalition" bezeichnet. Was passiert, wenn das Verfassungsgericht als politischer Feind gebrandmarkt wird, kann man zurzeit in Polen und Österreich studieren.

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Für eine Verfassungskrise gibt es keine politische Lösung

Was Polen will, kann die EU-Kommission nicht akzeptieren, und umgekehrt. Nach Wochen des "konstruktiven Dialogs" (Kommissionsvize Frans Timmermans) gibt es immer noch überhaupt kein Zeichen des Aufeinanderzugehens. Ist das schlimm? Im Gegenteil.

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“2004 EU Accession” as a Founding Moment? Of lost opportunities, alienating constitutionalism and vigilant courts

Much as the liberal elites in Poland are appalled by the ruthlessness of the attack on the Constitutional Court and the Polish rule of law, they are the ones to be blamed for the civic passivity that continues to define post-transition societies in general. The truly reformative potential of 1989, and then 2004, was lost when elites neglected the importance of connecting with the “real” people beyond the magic of the big-bang moments of 1989 and 2004. This "alienating constitutionalism" is one of the dark sides of 2004 Founding Moment, one that nobody really saw coming at the time of the EU Accession. Should the citizenry start embracing and defending the Court as "my own", the truly powerful legacy of the 2004 Founding Moment would be discovered.

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Chess-boxing around the Rule of Law: Polish Constitutionalism at Trial

In the conflict between the Polish government and the constitutional court, we are watching a sort of chess-boxing, a hybrid game consisting of rounds in chess and boxing, where the parties attempt to outsmart the opponent and if this doesn’t help, they simply punch. Contravention of the division of powers and disregard for the idea of limited government has repeatedly been perpetrated by the ruling party Law & Justice and “their” President Duda. It remains to be seen if the attempts made are understood by the perpetrators as a tool to facilitate party’s short-term objectives or as an ultimate goal to redesign Poland’s institutional order.

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Bruised, but not dead (yet): The Polish Constitutional Court has spoken

The current attack on the Polish Constitutional Court is unprecedented in scope, cold efficiency and intensity. It aims to paralyze and incapacitate the Court. Polish democracy is faced today with a crisis that has more to do with the lack of constitutional culture rather than deficiencies of the constitutional text. Europe will have its hands full with Poland in the days to come. Unfortunately, so far it has not shown much teeth in response to the constitutional shenanigans playing out in Poland. This must change or Warsaw will become another Budapest with Europe idly watching.

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Poland’s Constitutional Tribunal under Siege

A constitutional crisis? A coup d’état? Whatever it is Poland is going through right now, the constitutional situation is far from normal. After a fierce political brawl about the election of five new judges to the Constitutional Tribunal, that same Tribunal declared yesterday the legal basis upon which two of them were elected unconstitutional.

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Midnight Judges: Poland’s Constitutional Tribunal Caught Between Political Fronts

Many Eastern European states have seen their once glorious constitutional courts politically delegitimized in recent years. Now, Poland might join them. Hasty attempts by the outgoing majority to fill the benches of the court with judges of their choosing, and constitutionally dubious attempts by the new majority to thwart those attempts and to tamper with constitutional procedural law, threaten to inflict fatal damage to the Polish Constitutional Tribunal and its integrity.

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How to Evade the Constitution: The Hungarian Constitutional Court’s Decision on Judicial Retirement Age, Part II

Part Two: “The System Remains” (Continued from Part 1: The Decision) On the question of remedies offered by the Court decision itself, the Constitutional Court engaged in what I’ve called elsewhere “new judicial deference.” In practicing new judicial deference, a court makes a brave decision on the law but then fails to give the claimant […]

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How to Evade the Constitution: The Hungarian Constitutional Court’s Decision on Judicial Retirement Age, Part I

By KIM LANE SCHEPPELE Part One: The Decision On Monday 16 July, the Hungarian Constitutional Court handed down its biggest decision of the year.   It held that the sudden lowering of the retirement age for judges is unconstitutional because it gave the judges no time to prepare for the change and because it created an […]

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