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The article explains the current state of affairs concerning the freedom of press in Poland
El Estado de Derecho en Polonia. Cuando la pandemia se encuentra con el iliberalismo constitucional
(2020)
The article presents rule of law crisis in Poland provoked by covid-19 pandemic
The lecture explains how some of the well-established institutions of constitutional law are being questioned. It explains also how the experience of the XX-century atrocities and the emergence of the authoritarian regimes in Europe impacted on the State Theory, Political Science and Constitutionalism.
Electoral Disinformation and Summary Judicial Proceedings: Is the Polish Experience Relevant?
(2021)
In Poland special summary (24-hour) judicial proceedings against electoral disinformation were introduced in 1998. Although it has been successfully used to declare that information disseminated during an electoral campaign is false, it has not attracted much attention and
is generally absent from the current legal scholarship and international reports on electoral disinformation.
Against this backdrop, the post aims to critically analyze the Polish regulatory model con-cerning summary judicial proceedings. The implications of these mechanisms become even more complex when we consider that in mid-2019 the European Court of Human Rights found Poland for the third time in breach of the right to freedom of expression (Article 10 of the European Convention on Human Rights) for having convicted the applicant in these extraordinary 24 -hour judicial proceedings.
This chapter analyses the impact of the Internet and the shift in communication processes on the States’ obligations emerging from the European Convention on Human Rights (ECHR). It claims that the environment created by the Internet is different from the traditional one; that is, it substantially empowers a range of private actors such as social media and other Internet platforms. That is why in the light of the actual development of the ECHR’s standards, both the strict distinction between positive and negative State’s obligations, and an overall prefe-rence for the latter are anachronistic. This chapter claims that it is crucial to keep developing European minimal safeguards in horizontal online relations when human rights violation is a result of a State’s non-compliance with the positive duty. Against this backdrop, this chapter centers around the influence of the Internet on the exercise and protection of selected human rights and the changing nature of communication processes, as well as the game-changing shift caused by the growing power of private actors. It also includes a detailed analysis of the scope and content of positive State’s obligations emerging from the use of the Internet, focusing on substantive obligations (i.e., the legal framework and the allocation of responsibilities), as well as on the issue of the public guarantees for online pluralism and procedural obligations (the duty to provide responses to allegations concerning online ill-treatment inflicted by private individuals).
The article shows the process of normativization of scientific knowledge in the European Convention on Human Rights system. It argues that scientific and technological knowledge substantially impact tools used by the European Court of Human Rights, such as the living instrument doctrine, positive obligations, and European consensus.
Rafał Lemkin (1900-1959): A life-long story of engagement in the development of human rights law
(2023)
This blog post aims to provide a brief overview of the life and work of Rafał Lemkin by ex-ploring his participation in the interwar and post-war international dialogue. It demonstrates a variety of means, including academic activities (research, publications, conferences), as well as diplomacy and personal relationships, which Lemkin used to disseminate his ideas and research. Despite having limited resources and being a refugee for much of his life, Lemkin drew upon his linguistic abilities and showed himself to be an extraordinary “constant negotiator”. His varied work experience, gained in the early stages of his career in Lviv and Warsaw, likely aided him in developing an inclusive perspective on law and human rights that later informed his ground-breaking work on genocide.
At the beginning of 2022, a tax law reform, the so-called Polish Deal, was implemented, significantly changing the regulations of personal income taxation. However, the process surrounding the implementation of the reform causes considerable constitutional concerns. This article argues that the new law was not adequately prepared and came into force in breach of the constitutional tax law-making standards.
In the presentation, I analyse how the argument concerning constitutional (national) identity has been used in some EU Member States in order to evade international obligations and justify illiberal reforms.