14 July 2017
Die aktuellste Justizreform in Polen: ist dies das endgültige Ende der Rechtsstaatlichkeit?
Während der Streit um den Verfassungsgerichtshof aus polnischer Sicht als mittlerweile beendet gilt, versucht die Europäische Union eine passende Lösung zu finden, die in der Empfehlung der Kommission geäußerten Forderungen durchzusetzen. Die regierende Partei „Recht und Gerechtigkeit“ beschließt jedoch in der Zwischenzeit weitere Justizreformen, die genauso, wie das umstrittene Verfassungsgerichtshofgesetz, gegen die Grundsätze der Europäischen Union aus Art. 2 EUV, vor allem gegen die Rechtsstaatlichkeit und Demokratie, verstoßen können. Continue reading >>
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13 July 2017
Statement by the former presidents of the Constitutional Tribunal: Andrzej Rzepliński, Marek Safjan, Jerzy Stępień, Bohdan Zdziennicki and Andrzej Zoll
Last November, the former presidents of the Polish Constitutional Tribunal issued a joint statement to protest against the subjugation of the Tribunal. Now, as the PiS government is about to effectively bring the entire judiciary under their control, they speak up again. Continue reading >>17 March 2017
Sententia non existens – the future of jurisprudence of the Polish Constitutional Tribunal?
One of the latest topics in the debate on the future of constitutional control in Poland concerns the possibility and the need of common court judges to directly apply the Constitution. This possibility has already existed in theory – according to the Article 8 para 2 of the Constitution of Poland, the provisions of the Constitution shall apply directly, unless the Constitution provides otherwise. However, in practice, until now in case when the conformity of the normative act with the Constitution was questioned in particular case, the court has always referred the question of law the Constitutional Tribunal. The need to come back to the discussion on direct applicability of the Constitution stems from the questionable legality of some Constitutional Tribunal rulings in connection with the incorrect appointment of three so-called “quasi-judges” in December 2015. Continue reading >>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 >>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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02 February 2017
What is the Situation of Constitutional Jurisdiction in Europe? Worrying News from Spain
Although the situation in Poland is unique, the speed at which the Polish Constitutional Court has been subjugated should make the rest of us think about the regulations concerning our Constitutional jurisdictions and about the behaviour of other political actors with respect to them. Recent developments in Spain have led me to these reflections, and I would like to describe them briefly here to sound the alarm about what happens in other European countries more discretely than in Poland, but also very disturbingly. Continue reading >>27 January 2017
The Turkish Constitutional Court under the Amended Turkish Constitution
In March 2016, the Turkish Constitutional Court (TCC) ruled that the rights of the Turkish journalists Can Dündar and Erdem Gül had been violated, leading to their release from prison after three months. Recep Tayyip Erdoğan responded by criticizing the TCC sharply, questioning its existence and legitimacy. This had not been the first time over the last years, that the Court had been attacked. The constitutional amendments, that will be put to referendum in April 2017, seemed to be a golden opportunity to change the composition and cut back the broad competences of the TCC. Did the AKP-led Parliamentary Constitutional Committee seize this opportunity? Continue reading >>
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26 January 2017
Money Makes the Court Go Round: The Russian Constitutional Court’s Yukos Judgment
On 19 December 2017 the Russian Constitutional Court (RCC) ruled that payment of just satisfaction in the Yukos case was contrary to the Russian Constitution. It is the first time the apex court of a Council of Europe member state concluded that it should not pay just satisfaction. This blog post provides the background of the case, sums up the reasoning of the RCC and assesses the implications of its judgment of 19 December 2017. 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 >>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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