STRATEGIC REPORT 2018 Supplemented
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Legal Think Tanks and Governments. Country Report. Poland
“Legal Think Tanks and government – capacity building”: project supported by the International Visegrad Fund www.visegradfund.org Project partners: POLAND HUNGARY Legal Think Tanks and Government CZECH REPUBLIC – Capacity Building Country Report. Poland SLOVAKIA UKRAINE Authors Łukasz BOJARSKI Grzegorz WIADEREK MOLDOVA 1 Authors of the study Łukasz BOJARSKI President and co-founder of INPRIS, lawyer. Co-founder and Chairman of the Board of the Polish Legal Clinics Foundation (FUPP). Expert of Polish and international institutions (including European Commission, OSCE, Council of Europe, academia, private foundations including Stefan Batory Foundation, Open Society Institute). Member of the Editorial Board of the „National Judicial Council. Quarterly” (http://www.krs.pl/pl/kwartalnik-krs). Before: Member of the National Council of the Judiciary of Poland, (2010-2015). Member of the Board of Directors of PILnet – The Global Network for Public Interest Law (2008-2016). Employee of the Helsinki Foundation of Human Rights in the years 1998-2010. Member of the Experts Council of the „Citizen and the Law” (Obywatel i Prawo) program of the Polish- American Freedom Foundation (2005-2013), Member of the Committee on the Efficiency of Justice in the Ministry of Justice. Fields of interest: judiciary, legal services, legal profession, legal education, non- discrimination, human rights. Author of the reform proposals on the access to legal aid and the legal profession. Author of numerous publications on the judiciary, access to justice and interactive innovative methods in legal education, see list of main publications. Contact: lukasz.bojarski at inpris.pl Grzegorz WIADEREK Co-founder of INPRIS and member of the Management Board, lawyer. -
Current Judicial Reform in Ukraine and in Poland: Onstitutional and European Legal Aspect in the Context of Independent Judiciary
RESEARCH ARTICLES CURRENT JUDICIAL REFORM IN UKRAINE AND IN POLAND: ONSTITUTIONAL AND EUROPEAN LEGAL ASPECT IN THE CONTEXT OF INDEPENDENT JUDICIARY Grzegorz Borkowski, Doctor of Law, Judge seconded to the Regional Court Warszawa-Praga, former Head of Office of the National Council of Judiciary (Poland) Olga Sovgyria, Doctor of Science (Law), professor of the Department of Constitutional Law, Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) https://doi.org/10.33327/AJEE-18-2.3-a000011 Summary: 1. Introduction. – 2. The Judicial System of Poland at the Present Stage. – 2.1. Constitutional Tribunal. – 2.1.1. Composition of the Constitutional Tribunal. – 2.1.2. Refusal of Publication of Certain Judgments of the Constitutional Tribunal. – 2.2. The Common Courts System. – 2.2.1. Merger of the Functions of Minister of Justice and Prosecutor General and its Consequences. – 2.2.2. Court directors. – 2.2.3. Random Allocation of Cases. – 2.2.4. Judicial Appointments. – 2.2.5. Secondment of Judges. – 2.2.6. Appointment and Dismissal of Court Presidents. – 2.3. Supreme Court. – 2.3.1. Extraordinary Complaint (Article 86). – 2.3.2. Changes in the Structure of the Supreme Court. – 2.3.3. Lay Judges. – 2.3.4. Changes in Disciplinary Proceedings in Respect of the SC and the Common Judiciary. – 2.4. National Council for Judiciary. – 2.4.1. Entrusting the Sejm with the Competence to Elect the Members of the Council. – 2.4.2 Termination of Office of the Current Members of the Council. – 3. Judicial Reform in Ukraine in 2016: Problems of Implementation. – 3.1. General Characteristics of the Judiciary in Ukraine. -
Studia Iuridica 2015/60. Collective Labour
COLLECTIVE LABOUR LAW Studia Iuridica tom 60 COLLECTIVE LABOUR LAW logo WUW.inddWarszawa 1 20155/12/2014 12:54:19 PM Rada Programowa Grażyna Bałtruszajtys (przewodnicząca), Jan Błeszyński, Zdzisław Galicki, Hubert Izdebski, Jacek Lang, Maria Rogacka-Rzewnicka, Marek Wąsowicz, Beata Janiszewska (sekretarz) Członkowie Rady Programowej afiliowani za granicą Marc Bors (Uniwersytet we Fribourgu), Michael Martinek (Uniwersytet w Saarbrücken), Alessandro Somma (Uniwersytet w Ferrarze), Elena V. Timoshina (Uniwersytet w Sankt Petersburgu) Redaktorzy naukowi tomu Łukasz Pisarczyk Jakub Stelina Recenzenci „Studia Iuridica” w 2015 r. Francisco Javier Andrés Santos, Wojciech Dajczak, Włodzimierz Kamyszanskij, Luz Maria Martinez Velencoso, Andriej Łusznikow, Bronisław Sitek, Jakob Fortunat Stagl Redaktor naczelny Tomasz Giaro Redaktor tematyczny Łukasz Pisarczyk Redaktor językowy Radosław Pawelec Sekretarz Redakcji Adam Niewiadomski Projekt okładki i stron tytułowych Jakub Rakusa-Suszczewski Redaktor prowadzący Dorota Dziedzic Redaktor Krystyna Dziewanowska-Stefańczyk Opracowanie redakcyjne streszczeń anglojęzycznych Robert Stępień ISSN 0137-4346 ISBN 978-83-235-1932-4 © Copyright by Wydawnictwa Uniwersytetu Warszawskiego 2015 Wersją pierwotną czasopisma jest wersja drukowana. „Studia Iuridica” znajdują się w wykazie czasopism punktowanych przez Ministerstwo Nauki i Szkolnictwa Wyższego na potrzeby oceny parametrycznej jednostek naukowych. Wydawnictwa Uniwersytetu Warszawskiego 00-497 Warszawa, ul. Nowy Świat 4 www.wuw.pl; e-mail: [email protected] Dział -
Ruled by Law
RULED BY LAW THREATS TO THE PROTECTION OF HUMAN RIGHTS IN POLAND IN 2015-2019 RULED BY LAW THREATS TO THE PROTECTION OF HUMAN RIGHTS IN POLAND IN 2015-2019 Authors Małgorzata Szuleka, Marcin Wolny in cooperation with Maciej Kalisz Our thanks go to Danuta Przywara, Maciej Nowicki, Dr Piotr Kładoczny, Dr Barbara Grabowska-Moroz, Jarosław Jagura, Konrad Siemaszko, Patryk Wachowiec and Daniel Witko for their assistance and comments on the first versions of this report. Graphic design and layout Marta Borucka Cover photo Jan Kolar / unsplash Edition I Publication available under the Creative Commons license. Acknowledgment of authorship under the same conditions 4.0 (CC BY-SA 4.0) Legal status: 15th September 2019 Publisher Helsinki Foundation for Human Rights ul. Zgoda 11 00-018 Warszawa CONTENTS Introduction ............................................................................... 5 Summary of events in the years 2015–2019 ........................................ 7 The parliamentary elections in October, 2015 .............................................. 7 Information on the most important systemic changes ...................................... 8 The shrinking space for human rights ...................................................... 9 Calendar of changes .......................................................................10 A crisis in the rule of law – attacks on the judiciary ...............................13 Changes in the Constitutional Tribunal ...................................................13 Changes to the Supreme -
Poland's Constitutional Crisis
Contemporary Issues Poland’s P o l i Constitutional Crisis: c y B Facts and interpretations r i e f Marcin Matczak w w w . f l j s . o The Foundation for Law, Justice and Society r g in association with the Centre for Socio-Legal Studies and Wolfson College, University of Oxford www.fljs.org The Foundation for Law, Justice and Society © The Foundation for Law, Justice and Society 2018 Executive Summary This policy brief presents the crucial events of ‘the Polish constitutional crisis’, and what has been widely described as a backsliding on the part of Poland into authoritarianism. It attempts to explain the nature and possible causes of the crisis, offering three explanations: (1) historical, originating from the smooth, non-punitive nature of the post- Communist transition; (2) legal, relating to the excessive formalism of Polish legal culture; and (3) sociological, as a crisis of liberalism and of political identification among the youth and across society at large. POLAND’S CONSTITUTIONAL CRISIS: FACTS AND INTERPRETATIONS . 1 Poland’s Constitutional Crisis: Facts and interpretations Introduction response was premature because a constitutional review of the previous appointments was already The Polish constitutional crisis began in November underway, and it was disproportionate because 2015, just after Poland’s governing party Prawo I three out of five of the previous appointments were Sprawiedliwosc (which translates as Law and Justice absolutely compliant with the Polish Constitution. and is commonly abbreviated to PiS) won the country’s parliamentary elections, and is characterized Some of the events that took place at the beginning by two principal phases. -
Consultative Council of European Judges (Ccje
Strasbourg, 12 October 2017 CCJE-BU(2017)9REV CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) Opinion of the CCJE Bureau following the request of the Polish National Council of the Judiciary to provide an opinion with respect to the Draft Act of September 2017 presented by the President of Poland amending the Act on the Polish National Council of the Judiciary and certain other acts 1 A. The request and the procedure of the assessment 1. By letter of 3 October 2017, the Chairman of the National Council of the Judiciary of Poland addressed the CCJE, requesting its opinion on the Draft Act on the National Council of the Judiciary of Poland (hereafter the Draft Act) presented by the President of Poland. The CCJE was requested, in particular, to assess the compatibility of the Draft Act with European standards on the independence of the judiciary and the status of councils for the judiciary. The CCJE was provided with the Draft Act as well as the Act of 12 May 2011 on the Polish National Council of the Judiciary, both in English translation. 2. According to its Terms of Reference, one of the tasks of the CCJE is to provide targeted cooperation, inter alia, at the request of the CCJE members, judicial bodies or relevant associations of judges, to enable States to comply with the Council of Europe standards concerning judges. The aforementioned request of the Polish National Council of the Judiciary (hereafter the Council) falls within the Terms of Reference of the CCJE. 3. The CCJE Bureau emphasises that it is not in a position to assess the constitutionality of the Draft Act. -
Constitutional "Refolution" in the Ex-Communist World: the Rule of Law
American University International Law Review Volume 12 | Issue 1 Article 2 1997 Constitutional "Refolution" in the Ex-Communist World: The Rule of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation American University International Law Review. "Constitutional "Refolution" in the Ex-Communist World: The Rule of Law." American University International Law Review 12, no. 1 (1997): 45-143. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. SYMPOSIUM CONSTITUTIONAL "REFOLUTION" IN THE EX-COMMUNIST WORLD: THE RULE OF LAW September 26, 1996 FOREWORD* Since the collapse of communist power in the early 1990s, Eastern Europe and the rest of the former Soviet-dominated world have experienced significant and unprecedented changes. Although potentially revolutionary in impact, the eco- nomic, political, and legal transitions have been achieved through reform of exist- ing institutions rather than violent revolution. Timothy Garton Ash has called this process "refolution." This symposium will focus on the development and promo- tion of the rule of law in the context of this "refolution" now underway in the for- mer communist world. The panelists, each an experienced and renowned special- ist, will present their views in a roundtable format that will include extensive audience questions. -
Welfare As a Form of Ensuring the Social Safety of Society and an Effective and Successful Tool in Election Campaigns
ARTUR BANASZAK WELFARE AS A FORM OF ENSURING THE SOCIAL SAFETY OF SOCIETY AND AN EFFECTIVE AND SUCCESSFUL TOOL IN ELECTION CAMPAIGNS... WELFARE AS A FORM OF ENSURING THE SOCIAL SAFETY OF SOCIETY AND AN EFFECTIVE AND SUCCESSFUL TOOL IN ELECTION CAMPAIGNS (THOUGHTS BASED ON THE SITUATION IN CONTEMPORARY POLAND) Artur Banaszak1 University of Euroregional Economy in Józefów (Warsaw, Poland) ABSTRACT Welfare in its narrow understanding means the state’s material help given to the members of society. It also may be understood as the whole of the state’s activities aimed at multi-level support for various social groups. The aim of this paper is to show different elements of material help given to society by the state which help society to meet social security. Also, the findings based on some examples of the current Polish history show how this kind of state’s support may help politicians to gain success in elections. The author argues that the same reality, i.e., social help, may be used for people’s welfare, however, it may be also used to obtain political goals. It must be noticed that using welfare for political goals often happens the situation when electoral promises are not necessary implemented after a particular party wins the election. To achieve the main purpose of this research the method of analysis was ap- plied. Today, welfare can be used in both ways – as a form of ensuring the social safety of society and as an effective and successful tool in election campaigns. KEYWORDS: welfare, social security, social help, election campaign, “pork barrel”, “electoral sausage”. -
A Study on Structural Reform in Poland 2013-2018
A STUDY ON STRUCTURAL REFORM IN POLAND 2013-2018 Written by: Anna Dzienis, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute Arkadiusz Michał Kowalski, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute Marek Lachowicz, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute Marta Mackiewicz, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute Tomasz M. Napiórkowski, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute Marzenna Anna Weresa, SGH Warsaw School of Economics, Collegium of World Economy, World Economy Research Institute 2018 EUROPEAN COMMISSION EUROPEAN COMMISSION Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs Directorate A — Competitiveness and European Semester Unit A.2 — European Semester and Member States’ Competitiveness Contact: Tomas Brännström E-mail: [email protected] European Commission B-1049 Brussels 2 A Study on Structural Reform in Poland 2013–2018 A STUDY ON STRUCTURAL REFORM IN POLAND 2013–2018 Final Report (30 November 2018) Study carried out within the Framework Service Contract 'Studies in the Area of European Competitiveness' (ENTR/300/PP/2013/FC-WIFO) World Economy Research Institute (WERI), Collegium of World Economy SGH Warsaw School of Economics, Poland Warsaw, December 2018 1 A Study on Structural Reform in Poland 2013–2018 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). -
CEE POLITICAL RISKS.Indd
COFACE ECONOMIC MARCH 2018 PUBLICATIONS FOCUS By Grzegorz Sielewicz, Coface Economist for Central & Eastern Europe based in Warsaw, Poland The singularity of political risk in Central and Eastern Europe ith the ongoing wave of elections in the Central and Eastern Europe region, CEE countries are experiencing a key period of change in a context of political risk and economic acceleration, which currently seem to be the two crucial issues attributed to the region. The region’s average GDP growth rate soared to 4.5% in 2017, i.e. the highest level since 2010. However, local politics and national judiciary system changes Ware creating problems for the region. Worsening relations with the European Union (EU) and a threat of sanctions for Poland have raised additional concerns. Although the social risk has risen in the last decade – mostly in Hungary, according to results of the Coface risk model –, the CEE region is much less risky than other emerging regional markets. However indicators published by international institutions monitoring freedom and civil liberties within the political system show weakened assessments, with Poland joining Hungary as a cause for concern. Although CEE countries have made huge improvements in terms of corruption, it remains prevalent: Bulgaria, Hungary, and Romania placed last among European countries in Transparency International’s corruption index. Despite the numerous benefi ts that EU membership brings to CEE economies, they are becoming more and more “Eurosceptic”: according to the latest Eurobarometer results, the Czech Republic is the third- most Eurosceptic member of the community, despite its integration with Western Europe supply chains and strong EU trade links. -
Supranational Identity Politics: Sovereignism in the EU
UNLV Theses, Dissertations, Professional Papers, and Capstones December 2018 Supranational Identity Politics: Sovereignism in the EU Emilio Jacintho Follow this and additional works at: https://digitalscholarship.unlv.edu/thesesdissertations Part of the Political Science Commons, Public Policy Commons, and the Social and Cultural Anthropology Commons Repository Citation Jacintho, Emilio, "Supranational Identity Politics: Sovereignism in the EU" (2018). UNLV Theses, Dissertations, Professional Papers, and Capstones. 3427. http://dx.doi.org/10.34917/14279097 This Thesis is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in UNLV Theses, Dissertations, Professional Papers, and Capstones by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. SUPRANATIONAL IDENTITY POLITICS: SOVEREIGNISM IN THE EU By Emilio Jacintho Bachelor of Arts - Anthropology University of Nevada, Las Vegas 2016 Bachelor of Arts - Psychology University of Nevada, Las Vegas 2016 A thesis submitted in partial fulfillment of the requirements for -
Populism, Historical Discourse, and Foreign Policy: the Case of Poland’S Law and Justice Government
1 Populism, Historical Discourse, and Foreign Policy: the case of Poland’s Law and Justice Government David Cadier1 and Kacper Szulecki2 Accepted Author’s Manuscript. Published version : Cadier, D., Szulecki, K. ‘Populism, historical discourse and foreign policy: the case of Poland’s Law and Justice government’. International Politics 57 (6), 990–1011 (2020). https://link.springer.com/article/10.1057%2Fs41311-020-00252-6 Introduction As made explicit in the words of President Andrzej Duda upon entering office, the populist Law and Justice party (Prawo i Sprawiedliwość - PiS) came to power with the intention both to “bring necessary corrections” to Poland’s foreign policy (Duda 2015a) and to “fight for historical truth in [its] relations with [its] neighbours” through an “active historical policy” (Duda 2015b). These two undertakings have been pursued in parallel and have affected one another. Since the party won an absolute majority in the legislatives elections of 2015 and took the reins of executive power, the historical policy of the PiS government has had, indeed, direct and indirect implications for the country’s foreign policy and diplomatic relations. This is most visible in relation to two of Poland’s immediate neighbors, namely Germany and Ukraine, as well as the diplomatic repercussions of the adoption of the IPN Act amendment (also dubbed the “Holocaust law” abroad). The PiS leadership has often resorted to anti- German rhetoric in political and historical debates while Polish-Ukrainian bilateral relations have deteriorated over historical memory. This contrasts not just with the policies and discourse of the previous government (Civic Platform, Platforma Obywatelska - PO), but also more profoundly with what had constituted Poland’s foreign policy tradition since 1989.