Contemporary Problems of the Judicial Power in Poland
Contemporary Problems of the Judicial Power in Poland
Author(s): Anna Rytel-WarzochaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: independent judiciary; division of powers; National Council of the Judiciary; Supreme Court; common courts
Summary/Abstract: Since 2015, when most of the seats in the Parliament, as well as the office of the President of Republic, were taken over by the current ruling party, a number of constitutional reforms have been implemented, the most important of which concern the judiciary. As early as in 2015, provisions relating to the Constitutional Tribunal were significantly amendment and in November 2016 entirely new laws in this respect were adopted. In subsequent years, reforms were implemented concerning the common courts, the Supreme Court and the National Council of the Judiciary. Since then, the problems of the “third power”, which have specific consequences for citizens, have become one of the leading topics in public debate in Poland. The debate on these issues, especially in the context of the fear of violating the rule of law in Poland, has also spread beyond Polish borders. The Venice Commission, the European Commission, the European Parliament and finally the Court of Justice of the European Union have all expressed concerns about the negative influence of these reforms on the independence of courts and judges in Poland.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 4/2020
- Issue No: 48
- Page Range: 90-105
- Page Count: 16
- Language: English