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Patryk Wachowiec: Judge critical of Polish government barred from returning to work as dispute over judiciary deepens, Notes from Poland | 2021-03-01
more“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.
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Patryk Wachowiec: Courts challenge legality of Poland’s lockdown, encouraging businesses to reopen, Notes From Poland | 2021-02-02
moreA 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.
Rule of Law in Poland 2020: How to contain the Crisis and reform the Justice System? | 2020-12-29
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.
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Rule of law in Poland 2020: The rule of law crisis in the time of the COVID-19 pandemic | 2020-12-16
moreThe 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"
Rule of Law in Poland 2020: International and European responses to the crisis | 2020-11-17
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.
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Rule of Law in Poland 2020: A Diagnosis of the Deterioration of the Rule of Law From a Comparative Perspective | 2020-09-17
moreA 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.
FOR Communication 4/2020: Transparency of the Elections to the New NCJ: the Publication of the Lists Does Not End the Case | 2020-02-18
After 749 days from our inquiry, the Chancellery of the Sejm published scans of the lists of support for candidates for members of the new National Council of the Judiciary. The publication was the result of the administrative court's judgment, which annulled the decisions of the President of the Personal Data Protection Office suspending access to the lists by the Head of the Chancellery of the Sejm.
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Patryk Wachowiec: 1460 Days Later: Rule of Law in Poland R.I.P., Verfassungsblog | 2020-01-13
moreOn 13 January 2016, exactly four years ago today, the Commission activated its rule of law framework for the very first time with respect to Poland.
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Patryk Wachowiec: The laws proposed by the rulling party will undermine the primacy of EU law, Financial Times | 2019-12-15
morePatryk Wachowiec, a legal analyst at the Civil Development Forum, said this change was particularly troubling as it would undermine the primacy of EU law.
“Since 1964, the inherent principle of primacy of EU law over national law has been recognised in ECJ case law: judges have an obligation to disapply national law when it is contrary to EU law, without consulting their own national constitutional tribunal,” he said.