Poland After Elections in 2023: Transition 2.0 in the Judiciary

StatusVoR
Alternative title
Authors
Bodnar, Adam
Monograph
Transition 2.0. Re-establishing Constitutional Democracy in EU Member States
Monograph (alternative title)
Editor
Bobek, Michal
Bodnar, Adam
Bogdandy, Armin von
Sonnevend, Pál
Date
2023-03-22
Place of publication
Baden-Baden
Publisher
Nomos
Journal title
Volume
Pages
299-322
ISSN
ISBN
9783756000791
eISBN
9783748914938
Series
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
Series number
320
ISSN of series
Access date
2023-03-22
Remarks
Abstract PL
Abstract EN
Since 2015, Poland has been in the midst of a rule of law crisis. Changes affected operation of different ‘checks and balances’ institutions. But there is a chance that after parliamentary elections, to be held in October 2023, Poland may try to repair its justice system. The purpose of the paper is to analyze the possible reforms, including the methods to implement them. The question is whether and how the transition of the Polish legal system back to compliance with rule of law standards is possible, and what could be potential obstacles and chances. It is unlikely that an amendment to the Polish Constitution will be possible. Therefore, most of the changes will have to be carried out through legislative amendments. The role of the European Union as a possible “agent of change” is analyzed, as well as potential use of transitional justice and accountability instruments.
Abstract other
Keywords PL
Keywords EN
Rule of law
democracy
illiberalism
democratic backsliding
authoritarian ism
judicial independence
courts
European Union
transitional justice
constitutional amendments
prosecution service
ECtHR
CJEU
Polish Constitutional Court
elec tions
Venice Commission
European Commission
Keywords other
Conference edition name
Conference place
Start date
Finish date
Exhibition title
Place of exhibition (institution)
Exhibition curator
Organisational Unit
Wydział Prawa w Warszawie
Instytut Prawa
Type
Version
Version of Record
License type
cc-by
Except as otherwise noted, this item is licensed under the Attribution licence | Permitted use of copyrighted works
Funder
Time range from
Time range to
Contact person name
item.page.relation.dataset
Related publication
Related publication
Grant/project name
Views
Views14
Acquisition Date18.05.2024
Downloads
Downloads5
Acquisition Date18.05.2024