The Venice Commission’s Impact Regarding the Fight with Democratic Backsliding and Rule of Law Recovery: Reflections of the Polish Example

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Bodnar, Adam
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Date
2026-06-26
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Human Rights Brief
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2
Volume
29
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1-11
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1932-4081
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https://digitalcommons.wcl.american.edu/hrbrief/vol29/iss2/1/
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2026-06-26
Abstract PL
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The Article examines the role of the Venice Commission — the expert body affiliated with the Council of Europe — in addressing democratic backsliding and supporting the restoration of the rule of law, using Poland as a case study. It places the Venice Commission within the broader system of European constitutional governance and discusses its role when Poland moved, after 2015, towards the system of illiberal democracy. Opinions of the Venice Commission were significant in the evaluation of reforms affecting the Polish Constitutional Court, judicial independence, the prosecution service, and surveillance powers. They had impact on policies of the European Commission towards Poland but also strengthened civil society resilience. The second part of this Article focuses on the period after the breakthrough parliamentary elections in 2023, which gave a chance for democratic revival. The Venice Commission’s expertise has been used to support reforms aimed at the restoration of judicial independence and the rule of law. By covering both stages, the Article explores the possibilities and limits of relying on external legal expertise in times of democratic crisis and institutional reform.
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Sustainable Development Goals
SDG 16. Peace, Justice and Strong Institutions ,
SDG 10. Reduced Inequalities ,
SDG 5. Gender Equality
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https://share.swps.edu.pl/handle/swps/2492
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Acquisition Date20.10.2022
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