16 April 2018
Bad Response to a Tragic Choice: the Case of Polish Council of the Judiciary
A few days ago, the courageous and intelligent Chief Justice of the Polish Supreme Court, Professor Małgorzata Gersdorf, announced that, after some agonizing due to important legal and moral dilemmas at stake, she decided after all to convene the first, inaugural meeting of the National Council of Judiciary. The meeting is to take place on 27 April. The decision was met with dismay on the part of some lawyers and relief on the part of others. Generally, however, it did not prompt any particularly strong responses on either side. But the decision is momentous, both in its practical consequences and as a matter of principle. Continue reading >>
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26 February 2018
Who will Count the Votes in Poland?
In the shadow of an international outcry concerning a grotesque and speech-restrictive Polish law which would punish anyone attributing to Polish nation co-responsibility for crimes during the 2nd World War, a much more dangerous change has been quietly brought about, and just completed. A change which gives the ruling party Law and Justice (PiS) necessary mechanisms to “control” the election outcomes. To put it bluntly – a change of the electoral system which will make it possible for PiS to commit electoral fraud allowing it to stay in power, regardless of the voters’ preferences. Continue reading >>
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28 November 2017
Judicial “Reform” in Poland: The President’s Bills are as Unconstitutional as the Ones he Vetoed
Five months ago, the Polish President Duda vetoed the PiS laws on the judiciary as unconstitutional. Currently, the President and the PiS are negotiating about a solution to this conflict. But make no mistake: The Presidential vetoes have not triggered any new proposals which would be qualitatively better in terms of consistency with the Constitution than the initial PiS bills that he vetoed. Both the PiS and the President’s proposals are glaringly unconstitutional, though in different ways. Continue reading >>
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15 July 2016
“What is Going on in Poland is an Attack against Democracy”
"A constitutional coup d'état": Wojciech Sadurski, one of Poland's foremost jurisprudence scholars, dissects the strategy of the Polish government to disembowel the Polish Constitutional Tribunal. Continue reading >>24 February 2012