The constitutional right of access to the public service based on the principle of equality and the dual citizenship Cover Image

Konstytucyjne prawo równego dostępu do służby publicznej a instytucja podwójnego obywatelstwa
The constitutional right of access to the public service based on the principle of equality and the dual citizenship

Author(s): Adam Bodnar, Adam Ploszka
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Social development, Social Norms / Social Control
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: dual citizenship; public service; Polish Constitution; judges; prosecutors

Summary/Abstract: The “Law and Justice” government in Poland in 2016–2020 conducted a controversial “judicial reform”. As a result, access to the profession of judge and prosecutor for people with dual citizenship was initially denied and eventually significantly restricted. In this piece, we analyze these legislative changes through the lens of their conformity with the Polish Constitution, in particular with the constitutional right of access to public service, as well as with Poland’s binding international law. We are also critically examining the arguments raised to justify these regulations and identifying the effects of their implementation. We argue that depriving people of multiple citizenship of access to the judge or prosecutor profession violates the Polish Constitution, as well as international law.

  • Issue Year: 2023
  • Issue No: 4
  • Page Range: 7-35
  • Page Count: 29
  • Language: Polish
Toggle Accessibility Mode