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Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Poland provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Poland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues – such as public finances and sources of law – that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Poland provides essential information on the countryand’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Poland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.
Introduction to the Constitution of the Republic of Poland by Bogumił Szmulik and Jarosław Szymanek is a cohesive and no-nonsense overview serving as an unassuming and reader-friendly compendium of the current Polish Constitution. With each chapter, the authors gradually introduce readers to the world of legal and political constitutional complexities. Without overloading readers with information, they conduct a comprehensible if accessible narration as well as providing intelligible but nuanced and critical accounts of difficult and controversial matters. Despite its modest title, their work is much more than a simple introduction to the Polish Constitution. Readers will find here not only an approachable analysis of the contents of the 1997 Constitution but will also become familiar with the practice of its implementation as well as with the trajectories of related debates and proposals for future changes. Such a comprehensive approach on the part of the authors makes the book suitable not only for constitutional lawyers, i.e., professionals, but for a much wider group of general readers, both at home and abroad. After all, each of us – regardless of our type of education or scope of interests – ought to be conversant with the constitution of our country. As regards international readers, the English translation of the book may well be the only wide-ranging publication available presenting the Polish fundamental statute. Prof. dr hab. Genowefa Grabowska Authored by Bogumił Szmulik and Jarosław Szymanek, the monograph is an invaluable and fascinating example of a scholarly publication. The book specifies and explains the solutions – often very general and challenging in terms of interpretation – adopted by the legislators in the Constitution of the Republic of Poland. The mode of disquisition is informed by didacticism and systematism, making the publication exceptionally valuable, given the wide range of readers currently interested in constitutional matters. Concise and simultaneously packed with information, Introduction to the Constitution of the Republic of Poland is also likely to constitute an important point of reference while solving theoretical and practical dilemmas connected with the Polish fundamental statute. dr hab. Paweł Sobczyk, prof. UO
In 2022 the Polish Constitution celebrated the silver anniversary of its enactment. It has generally correctly served as the basis for the functioning of the state, proving itself even in the most difficult moments of its existence. Since 2015 the Polish Constitution has been subject to major factual changes to such an extent that it is reasonable to argue that it and Polish constitutionalism in general have come to function in rather unusual, if not downright extreme conditions. This monograph entitled "Poland in good constitution? Contemporary issues of constitutional law in Poland in the European context" aims to present analyses of selected aspects of the impact of the Polish Constitution on individual branches of law and problems occurring in them. All issues are placed in a wide, European context.