7 years of the rule of law crisis. How CJEU and ECHR defended the rule of law in Poland in 2022? | 2022-12-29more
The passing year of the rule of law crisis in Poland was mainly dominated with the issue of the "milestones" attached to the RRP and the disagreement within the ruling coalition as to how to achieve them. On the other hand, at the European level, both the Court of Justice of the European Union and the European Court of Human Rights were extremely active in Polish cases. Let us look at their activities.
When presenting the Commission with the recently implemented amendment to the Supreme Court Act, it will be difficult for the government to convince it to pay the first tranche from the Recovery Fund - especially since the Commission's management's first comments indicate that the adopted amendments are insufficient to meet the proposed milestones.
Under the Guise of Openness, Solidarna Polska is Proposing Regulations Native to Russia and Hungary. NGOs as the Target | 2022-07-11Under the noble slogan of increasing the openness of public life, Solidarna Polska MPs actually want to make information of a private nature public, which is in keeping with the negative climate created by the current government around the non-governmental environment, including those organizations whose goals are not approved by the ruling majority. It is therefore not surprising that the commented proposal is confusingly reminiscent of Russian and Hungarian solutions deemed to violate human rights. The draft law should therefore be assessed unequivocally critically.more
Poland’s state of emergency on Belarus border explained - Patryk Wachowiec, Notes from Poland | 2021-09-06
The officially stated purpose is to ensure public order amid an ongoing surge in attempts to cross the border illegally. However, taking into account events at the border and the government’s track record, there are legitimate doubts as to the real reasons behind such an extraordinary measure.
Patryk Wachowiec: Judge critical of Polish government barred from returning to work as dispute over judiciary deepens, Notes from Poland | 2021-03-01more
“We can effectively observe two legal systems within one member state of the European Union,” says Patryk Wachowiec, a legal analyst at the Civil Development Forum (FOR). He warns that this could “paralyse” aspects of EU law.
Patryk Wachowiec: Courts challenge legality of Poland’s lockdown, encouraging businesses to reopen, Notes From Poland | 2021-02-02more
A series of court judgements have challenged the legality of coronavirus restrictions introduced by the Polish government. This has encouraged a growing number of businesses to reopen in defiance lockdown measures, which they argue are unconstitutional.
The crisis in the rule of law that Poland has witnessed since 2015 must be contained as soon as possible. Any proposal to restore the rule of law must follow certain principles such as legality, proportionality and respect for fundamental rights. It is also important to gather public support around such a plan, and make sure that it does not simply assume a return to status quo ante.
Rule of law in Poland 2020: The rule of law crisis in the time of the COVID-19 pandemic | 2020-12-16more
The COVID-19 pandemic has led to serious health and economic emergencies all over the world. Moreover, it has also affected democratic institutions and the rule of law. On the one hand, the pandemic has been exploited by local strongmen and authoritarians in many places to consolidate their power and justify human rights’ violations. On the other, it has been a test for the resilience of democracy, and there are even some hopes for an upcoming democratic recovery.
The parliamentary resolution on the EU budget negotiations is full of misrepresentations | 2020-11-19
On 19 November, the parliamentary majority (KP [Polish Coalition], PiS [Law and Justice], and Kukiz'15 deputies), in response to Prime Minister Mateusz Morawiecki's announcement expressed the day before, adopted a resolution "supporting the activities of the Council of Ministers in the budget negotiations of the European Union"
A new report “Rule of Law in Poland 2020: A Diagnosis of the Deterioration of the Rule of Law From a Comparative Perspective” published by the Civil Development Forum (FOR) summarizes the state of the rule of law in Poland after five years of the Law and Justice (PiS) party in power and analyses the current situation from a comparative perspective of the EU countries.