Сравнителноправно изследване на съдебната власт – полският опит
COMPARATIVE LEGAL STUDY OF THE JUDICIARY – THE POLISH EXPERIENCE

Summary/Abstract: The present study aims to acquaint the Bulgarian reader with the judicial reform conducted in Poland between 2017-2019 and some of its significant legal and political consequences, as reflected in the practices of the Court of Justice of the European Union and the European Court of Human Rights. The research is not confined to the narrow boundaries of the judicial system but takes into account the impact of other state bodies, functionally differentiated into separate, fully or partially autonomous systems, such as the parliament, government, and constitutional jurisdiction, in their interaction with those subject to legislative and, as will be seen, jurisprudential intervention. For this purpose, the constitutional regulation of courts and tribunals is summarized, and conclusions are drawn about the results of the imposed legislative changes within the outlined constitutional architecture. The so-called judicial reform is placed in the context of the crisis of representative democracy and populist trends, which have led to the established undermining of the rule of law principle. The conclusions drawn outline and characterize trends and phenomena typical not only for Poland but also for other countries in Central and Eastern Europe, as they share similar historical, social, legal, and economic conditions. Therefore, the Polish example can and should serve when undertaking the otherwise necessary changes in the Bulgarian constitutional model to avoid the harmful deviations from the legal order belonging to the group that qualifies as meeting generally accepted standards for the rule of law.

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