16 May 2026
The Burden of Victory
At first glance, the over two-thirds majority that TISZA is set to enjoy in the new National Assembly seems to make the Hungarian transition 2.0 look much easier than might have been expected. And yet, this does not mean that there are no vital pitfalls. These challenges lie, namely, in restoring robust and meaningful accountability standards for both past and future power holders and, relatedly, in resisting the temptation to hold onto unconstrained power inherited from the predecessors under the guise of political necessity or expediency. Continue reading >>
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12 May 2026
Polish Lessons for the Hungarian Transition
The victory of Péter Magyar and TISZA Party in the parliamentary elections of 12 April 2026 may be seen as a useful illustration of the theory of competitive authoritarianism developed by Steven Levitsky and Lucan Way. It suggests that even under uneven political conditions, electoral victory remains possible when an opposition movement is well organized, presents a credible program, and effectively capitalizes on the weaknesses and mistakes of the incumbent government. Consequently, claims about the demise of liberal democracy appear to be premature. Continue reading >>
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21 April 2026
Swastika in the Polish Parliament
In a recent incident in the Polish Parliament, an extreme right-wing MP, Konrad Berkowicz, displayed a modified Israeli flag bearing a swastika in place of the Star of David while accusing Israel of committing genocide. The ECHR protects severe criticism of governments, allegations of international crimes, and speech that “shocks, offends or disturbs”. Yet the question is whether the use of a Nazi symbol remains protected political expression in a constitutional order shaped by the legacy of Nazism and the Holocaust. In our view, it does not. Continue reading >>
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02 April 2026
Poland’s “Illegal Judges”
For the first time, the CJEU has called for a “legislative framework” to remedy the systemic problem of irregularly appointed judges in Poland’s judicial system in its judgment of 24 March 2026 in Case C-521/21. Until such time, the CJEU has ruled that neo-judges attached to ordinary courts may only be recused on a case-by-case basis. However, such an individual assessment is not required for the neo-judges appointed to courts of last resort. The CJEU’s twofold approach prioritises system stability over the individual right to effective judicial protection. Continue reading >>06 March 2026
Patchwork Law (Love)
The ruling coalition came to power on a clear promise: to liberalize abortion law and introduce legal recognition for same-sex couples. A new bill on cohabitation agreements seeks to grant both same-sex and opposite-sex couples selected rights currently reserved for married spouses, aiming to make everyday family life easier while deliberately preserving a clear legal and symbolic distinction from marriage. The result is a piecemeal framework that risks creating second-class family relationships while leaving some key issues unresolved or overly complicated. Continue reading >>
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20 December 2025
The CJEU Versus the Constitutional Tribunal in Poland
On 18 December 2025, the Court of Justice of the European Union (CJEU) handed down a momentous judgment, in which it found that the Constitutional Tribunal (CT) of Poland does not satisfy the requirements of an independent and impartial tribunal established by law. The Court also found that through the decisions of that Tribunal Poland had failed to fulfil its obligations under the Treaty of European Union, as well as under the general principles of autonomy, primacy, effectiveness and the uniform application of EU law. Continue reading >>16 December 2025
Populism Is Here to Stay
Following the presidential defeat of his preferred candidate in June 2025, Poland’s Prime Minister Donald Tusk, a former president of the European Council, recalibrated – or, more precisely, intensified – his strategy of imitating illiberal political forces, to the extent that his political rhetoric could easily be now mistaken for Orbán’s. What are the implications of this troubling development for what is, in fact, at least in the recent European context, a Polish speciality: the process of democratic restoration? Continue reading >>04 December 2025
Money Talks, Discrimination Walks
Driven by anti-immigration sentiment and supported by government policies, local governments in Poland are currently passing resolutions, targeting the relocation of migrants. The Polish managing authority and intermediate institutions of European funds responded quickly. Due to the risk of losing EU funds, some of these discriminatory resolutions were repealed shortly after enactment. These swift reactions indicate that some lessons have been learned from the previous involvement in the so-called LGBT-free zones. Hence, it seems that when money talks, discrimination walks. Continue reading >>
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27 November 2025
When Legal Uncertainty Violates Reproductive Rights
In 2020, the Polish Constitutional Court prohibited abortion sought on the grounds of fetal defects. While the ruling was announced, it was not published for three months, creating legal uncertainty which could change at any time. Accordingly, on 13 November 2025, the ECtHR, in A.R. v. Poland, ruled that this instability violates Article 8 of the ECHR. Crucially, the case reveals a deeper dimension of legal uncertainty, as both pro-choice and anti-choice actors were actively involved, seeking to shape the law in opposite directions. Continue reading >>
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10 November 2025