08 March 2017
An Eye for an Eye: Law as an Instrument of Revenge in Poland
You question our judges, we question yours: This tit-for-tat strategy has recently been redeployed by the Polish governing party PiS and now jeopardizes the Supreme Court. The message is clear: whoever wishes to use their legal powers against the government can be sure the government will strike back. Continue reading >>
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20 February 2017
In Judges We Trust? A long overdue Paradigm Shift within the Polish Judiciary (Part II)
After the main fundamental problems of the judiciary in Poland have been identified, the search for possible remedies is now on. Polish judges need to do some soul-searching and re-thinking of their role. Continue reading >>20 February 2017
In Judges We Trust? A long overdue Paradigm Shift within the Polish Judiciary (Part I)
The Polish Judiciary is under duress, no question. However, it is not only the pending Supreme Court decision that may determine their fate. Polish judges need a new approach to judicial interpretation and the role of judges as a whole. Continue reading >>
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14 February 2017
A Polish Marbury v. Madison?
Has the new President of the Polish Constitutional Tribunal been lawfully appointed? This question is at the core of the latest act of the ongoing judicial drama in Poland. The Warsaw Court of Appeals has now referred this question to the Polish Supreme Court. Civil courts are called upon to at least partially fill the gap left by the subjugated Constitutional Tribunal in safeguarding the rule of law in Poland. Continue reading >>11 January 2017
Poland’s Constitutional Tribunal under PiS control descends into legal chaos
Immediately after the governing Law and Justice party in Poland established its control over the Constitutional Tribunal, the court has plunged into a whole number of legal imbroglios undermining its authority and calling into question the legality of its verdicts. The new President's nomination is contested even by a supposed ally, and the remaining "old" judges seem to have adopted a strategy of passive resistance. This is probably what Law and Justice wanted to achieve: it is much easier to govern without a strong constitutional court. Continue reading >>03 January 2017
Living under the unconstitutional capture and hoping for the constitutional recapture
After the unconstitutional capture of the Constitutional Tribunal in Poland, ordinary courts will have to step in to provide constitutional review. Polish judges are faced with the most fundamental challenge since 1989. Are they ready to be constitutional judges in times of constitutional emergency? Continue reading >>
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30 November 2016
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. Continue reading >>
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17 October 2016
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. Continue reading >>17 October 2016
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. Continue reading >>03 September 2016