Statement by the former presidents of the Constitutional Tribunal: Marek Safjan, Jerzy Stępień, Bohdan Zdziennicki and Andrzej Zoll

Four former presidents of the beleaguered Polish Constitutional Tribunal have issued a powerful statement calling on the legal community and the President to defend the Court and, indeed, the constitutional order of the Republic.

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Is the EU Commission’s Rule of Law Fight about Poland already lost?

In ten days, the deadline set by the EU Commission to Poland in the current stand-off about the Polish constitutional crisis will expire. A lot is at stake for both sides. In Warsaw few expect that the Commission will still be able to keep the ruling party from having it their way.

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Hat die EU das Kräftemessen mit Polen bereits verloren?

Zehn Tage. So lange hat Polens Regierungspartei mit dem schönen Namen "Recht und Gerechtigkeit" (PiS) noch Zeit, den Konflikt mit der EU-Kommission um das polnische Verfassungsgericht beizulegen. Für beide Seiten steht enorm viel auf dem Spiel. Doch in Warschau rechnet kaum jemand damit, dass die EU die Entmachtung des Verfassungsgerichts noch stoppen kann. Eine Recherche.

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"The National Council of the Judiciary is under attack in different ways"

While the crisis about the Polish Constitutional Tribunal remains unresolved, ordinary judges in Poland and the constitutional body responsible to safeguard their independence increasingly find themselves in the crosshairs of the vindictive governing party PiS as well. An interview with Waldemar Żurek, spokesman of the National Council of the Judiciary of Poland.

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Statutory tinkering: on the Senate’s changes to the Law on the Polish Constitutional Tribunal

The infamous law on the Polish Constitutional Tribunal of July 7th has met with an outcry of criticism among constitutional scholars. Last week, the upper chamber of the Polish Parliament, the Senate, has introduced a number of changes to meet some of the concerns. On the whole the effort amounts to little more than statutory tinkering, though. The effect, the emasculation of constitutional control in Poland, remains unchanged.

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A Citizens' Attempt to Solve the Polish Constitutional Crisis

Polish civil society groups have drafted a bill regarding the Act on the Constitutional Tribunal, expecting that the governing party PiS does not intend to legally solve the severe constitutional crisis it has created. We document the speech the representative of these groups, Jaroslaw Marciniak, gave in the Sejm on June 9th 2016.

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“De-constitutionalism” in Turkey?

Can “de-” be a modifier to describe the constitutionalism in a country? "De-constitutionalism" is what Prof. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey. His argument is that constitutional bad faith practices employed by the constitutional institutions (mainly the executive, but also the judiciary) lead one to hold the view that there is no more a (valid) constitution in Turkey. Whatever it is termed, one thing is certain: that Turkey is undergoing a constitutional deadlock or crisis, and its indicators can be observed on many occasions.

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