EISSN 2532-3474 - ISSN 2532-649X - Padova University Press

Principle of rule of law and Constitutional Reforms in Poland on the structure of the Judicial Power

TitlePrinciple of rule of law and Constitutional Reforms in Poland on the structure of the Judicial Power
Publication TypeJournal Article
Year of Publication2022
AuthorsPlacanica, C A.
Secondary TitlePeace Human Rights Governance
Date Published06/2022
PublisherPadova University Press
Place PublishedPadova, IT
ISSN Number2532-3474
Keywordscommon constitutional principles, democracy, European integration, independence of the judiciary, Poland, political dialogue, prevalence of European law, separation of powers

The article, created as an intervention in the context of the International Conference, organized by the University of Padua, Center for Human Rights, entitled “Towards an inclusive governance of Eu fundamentals value” and within the discussion panel “in ruling the rule of law”, concerns the reform of the judicial system that the Party, which won the political elections in Poland in 2015, has carried out in this country. The reforms that have been implemented with a series of laws since 2016 have affected all Polish judicial bodies. First the Constitutional Court, then the National Council of the Judiciary, the Supreme Court, and its disciplinary section, the office of Attorney General. This work first describes what the reforms and the interventions that the legislative power conducted, with a specific plan, consisted that of bringing all counter- majority powers back under the control of the executive, thus violating the Polish Constitution, which is a democratic Charter and affirms the separation of state powers. The speech underlines the reactions, which have taken place in the legal system of the European Union since the independence of the judiciary is an essential part of it, an indispensable tool for building the political and legal cohesion of the countries that belong to the Union. The reader is aware of how these reforms have been received in the enlarged common European space, the one in which the ECHR operates, and its most important guaranteed bodies, which is the European Court of Human Rights and the Venice Commission. We then draw conclusions relating to the need to implement the European rule of law, through political discussion and dialogue, like participating in an important international organization such as the Eu, which has protected peace, democracy social, and economic well-being in Europe. This task involves a strong moral cohesion between nations and peoples.