Legal Dispute Over The Constitutional Court In Poland
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Legal Dispute Over The Constitutional Court In Poland
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Author : Bogumił Szmulik
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2020
Legal Dispute Over The Constitutional Court In Poland written by Bogumił Szmulik and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, which competes on a par with the authority of the parliament and government in search of a golden mean of political balance. As a consequence, constitutional courts have slowly, but very consistently, forged their position by stepping into the shoes of a power that is as a matter of fact a political and active one. This, apart from prestige and recognition for constitutional courts, has also created the threat that, like with all the other active branches of power, they would become a participant in disputes and polemics, and could enter into a classic power conflict…. Political disputes over the Constitutional Court cannot be eliminated altogether. The Court, by its very nature, may betray political engagement, or at least its judicial decisions will have a political effect, which means that it will be engaged in the political optics of rivalry between the separated branches of power. The constitutional drafters, acting rationally, should therefore exercise due care to eliminate possible tensions. Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION
Legal Dispute Over The Judiciary In Poland
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Author : Bogumił Szmulik
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2020
Legal Dispute Over The Judiciary In Poland written by Bogumił Szmulik and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Bia Ystok Law Books 11
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Author : Lech Jamróz
language : en
Publisher: Wydawnictwo Temida 2
Release Date : 2014
Bia Ystok Law Books 11 written by Lech Jamróz and has been published by Wydawnictwo Temida 2 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional courts categories.
National Courts And The Application Of Eu Law
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Author : Monika Domańska
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01
National Courts And The Application Of Eu Law written by Monika Domańska and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.
This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
Rights Before Courts
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Author : Wojciech Sadurski
language : en
Publisher: Springer
Release Date : 2014-05-26
Rights Before Courts written by Wojciech Sadurski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-26 with Law categories.
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Defending Checks And Balances In Eu Member States
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Author : Armin von Bogdandy
language : en
Publisher: Springer Nature
Release Date : 2021-01-05
Defending Checks And Balances In Eu Member States written by Armin von Bogdandy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
National Courts And Eu Law
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
National Courts And Eu Law written by Bruno de Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-24 with Law categories.
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Outline Of Polish Constitutional Law
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Author : Bogusław Banaszak
language : en
Publisher:
Release Date : 2005
Outline Of Polish Constitutional Law written by Bogusław Banaszak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
"This book is an introductory text to the Polish constitutional system. It is intended for anyone wishing to gain clear understanding of the subject and is suitable for use by foreign students of law, journalists, and everyone interested in current matters of Poland. This text deals with constitutional issues in a comprehensive and informative way, covering a wide range of topics -- from the brief history of Polish constitutionalism and parliamentarism to the recent political and legal institutions as well as rights and liberties of man and citizen, which constitute and define the constitutional system of the Republic of Poland"--
Central European Constitutional Courts In The Face Of Eu Membership
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Author : Allan F. Tatham
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-03-21
Central European Constitutional Courts In The Face Of Eu Membership written by Allan F. Tatham and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.
The Constitution Of Poland
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Author : Miroslaw Granat
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
The Constitution Of Poland written by Miroslaw Granat and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Political Science categories.
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.