Published: 17.12.2024
In a conversation with Frenchman Olivier Bault, Professor Anna Labno, a professor of constitutional law who teaches at the Tarnów Academy in Poland, talks about a year of breaking the rule of law in the name of restoring the rule of law. “It’s only been a year,” proclaims the slogan of Donald Tusk’s Civic Platform on the first anniversary of the establishment of the left-liberal coalition government that succeeded eight years of Law and Justice (PiS) rule, but a lot has happened during that year in terms of dismantling the rule of law in Poland in the name of “militant democracy.”
In the interview, Prof. Labno compares the actions of the current ruling coalition to those of the previous PiS-led United Right coalition, which was so often criticized in Brussels and in the foreign media for allegedly violating the rule of law. Incidentally, she recalls the origin of the dispute over the three supposedly illegitimate judges of Poland’s Constitutional Tribunal (out of 15), which causes today’s rulers to refuse to publish its rulings.
The constitutional law professor also explains what is meant by the concept of “militant democracy” (also called “defensive democracy”) to which Prime Minister Donald Tusk refers to justify his modus operandi. She also speaks about the reform of the National Council of the Judiciary, which was passed by the Polish Parliament in 2017. In addition, she talks about the change in the position of National Prosecutor in January this year and criticizes in harsh terms the proposal for the vetting of judges announced in September by Justice Minister Adam Bodnar, saying that “this is no way to reform the judicial system” and that “this is inconceivable in a democratic system.”
"What is being proposed today is a violation of judicial independence, the independence of the courts, that is, a denial of everything that is the foundation of a democratic state,” the professor of constitutional law goes on to say.
The entire conversation lasts 37 minutes.
10.06.2025
According to the authors of the report published today, titled “Violations of the Principles of a Democratic State of Law and the Rule of Law by the Government Donald Tusk after December 13, 2023,” the authorities, under the leadership of Polish PM Donal
09.06.2025
Presidential elections, which have just taken place in Poland, were won by the candidate supported by the opposition. According to the law, the validity of the elections should be decided by the Extraordinary Review and Public Affairs Chamber of the Supreme Court. However, the government is questioning the competence of this chamber, which could be interpreted as an attempt to obstruct the transfer of power to the newly elected president.
The candidate supported last Sunday by all the Right for the second round of the Polish presidential election had promised that he would veto any law that liberalizes abortion. He won with 50.89% of the votes against the left-liberal candidate who had promised to ratify any law liberalizing abortion.
23.05.2025
We are currently engaging with think tanks and political parties across the continent to collaboratively develop a detailed counter-proposal to the centralist, anti-national, and anti-democratic vision of the European Union promoted by the European Parliament and President Macron.
© 2016 ORDO IURIS - Instytut Na Rzecz Kultury Prawnej
