An opinion on the amendment - we move away from Europe
Journal Title: Polish Law Review - Year 2016, Vol 2, Issue 1
Abstract
Legal confusion caused by political turmoil surrounding the selection of judges of the Constitutional Court in Poland has continued for almost a year. Unfortunately, we still do not see the finale of the dispute. Not only professional groups or citizens got involved in an attempt to solve it. Intensively, international organizations have joined in an attempt to resolve the conflict, especially those for whom democratic values are the foundation of a modern state. In my paper, I will focus on the analysis of the Opinion of the Venice Commission which concerns the Act of 22 December 2015, amending the Act on Constitutional Tribunal. From the occurred conflict point of view, this opinion is very important. It shows expert’s views on the issue of political attempt to oppose the democratic rules. It is a crucial opinion as it was expressed by a group of experts. The institution which presented the opinion enjoys extraordinary recognition and respect and its opinions are treated very seriously in democratic circles. Often the institutions of the European Union treat the opinions of the Commission as the foundation to formulate its own position. Therefore, it is important for Poland because from this perspective we will be assessed by democratic Europe. How Poland will respect the Commission’s recommendations will determine how Poland will be seen in Europe.<br/><br/>
Authors and Affiliations
Bartosz Wysocki
Keywords
Related Articles
- EP ID EP187523
- DOI 10.5604/24509841.1232097
- Views 116
- Downloads 0
Antinaturalism in the legal philosophy of Joseph Raz
The goal of the paper is to critically analyze the methodological standpoint of Joseph Raz in his studies of law. In the first part of the paper the key assumptions of Raz’s antinaturalism are presented. Particularly, hi...
Old and new interpretations of legal naturalism
The paper discusses the most important reasons for adopting legal naturalism as well as the relations between legal naturalism and various issues in general philosophy. Furthermore, the following perspectives of this con...
Preimplantation genetic diagnosis from the perspective of selected legal and ethical judgments: analyzes and reflections
For a long time, debates have been organised on the subject of the status of the human embryo.Subsequent socio-scientific discussion usually reveals the true ethical context of this matter. On the basis, also, of theolog...
The “emergency constitutional review” and Polish constitutional crisis of constitutional self-defense and judicial empowerment
Courts that owe their existence to democratic institutional choice must act prudently, or the choice may be withdrawn” and the Polish Constitutional Tribunal is no exception. On balance, its jurisprudence of 30 years res...
Prawo jako środek do celu. Nierozstrzygalność problemu celu.
Punktem wyjścia w tekście jest stwierdzenie, że w obszarze teorii prawa występują nurty, wspierające czysto instrumentalne podejście do prawa, rozumianego wyłącznie jako środek do realizacji uprzednio założonego celu. Nu...