Taborowski, Maciej Author aut Filipek, Paweł Author aut Text xx# 2023 Verfassungsblog 2023-10-13 eng

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Ensuring the integrity of elections is a foundational concern for any democratic state. Yet, it faces a grave challenge in Poland, emanating from the Chamber of Extraordinary Control and Public Affairs of the Supreme Court. Created in 2018 following controversial changes to the national judicial system and tasked with reviewing the validity of parliamentary elections, the Chamber fails to meet the essential criteria of an independent court. Confirmed by rulings of the European Court of Human Rights and the Supreme Court itself, the Chamber’s flawed origin and staffing, dependent on political influence and in departure from established rules of law, undermines its capacity to authenticate the fairness and legitimacy of elections. This echoes beyond Poland’s borders as well, since the Chamber’s defective status fails to meet European standards of effective judicial protection, thus raising concerns in the context of European integration. This blog delves into the Chamber’s position, examines its role in validating electoral process and its impact on the democratic legitimacy of Poland’s Parliament. CC BY-SA 4.0 Taborowski, Maciej judicial independence Lex Tusk Poland Polish Supreme Court Judicial Independence Rule of Law 342 https://verfassungsblog.de/the-distorted-body/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/791feb26142f0a16 231013 10.59704/791feb26142f0a16 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)