Refine
Year of publication
Document Type
- Public lecture (19)
- Article (13)
- Part of a Book (13)
- Contribution to online periodical (3)
- Conference Proceeding (2)
- Book (1)
- Review (1)
Language
- Spanish (52) (remove)
Is part of the Bibliography
- no (52)
Keywords
The article explains the current state of affairs concerning the freedom of press in Poland
The lecture explains the emergence of the new European Public Law against the backdrop of a constitutional crisis.
This conference speech argues that the judgement of the Polish Constitutional Tribunal K 3/21 can be understood only in the context of the current conflict between the Polish government and the European Union. Moreover, some other details, including how the unconstitutionality of the EU Treaty provisions was formulated, are important. The development of the judicial independence doctrine in the case law of the Court of Justice of the European Union may cause discussion. Nonetheless, the judgement K 3/21 is not an example of constructive debate about the division of the competences in the European legal sphere. It constitutes an example of the abuse of the constitutional identity and it resolves a false problem, as in reality there is no conflict between the norms of the Polish Constitution and the EU law as far as the guarantees of the judicial independence are concerned. Moreover, the judgement K 3/21 was delivered by the Constitutional Tribunal which itself lacks the guarantees of independence, what was confirmed by the European Court of Human
Rights (7.05.2021 Xero Flor, 4907/18).
The article presents legal (constitutional) aspects of the emergency situation concerning the first wave of the Covid-19 pandemic.