About voluntarism, instrumentalization, and responsibility for the law

The main thesis of this paper is as follows: the content of the law is influenced (albeit to a different degree) by the law-maker, the interpreter and the leading legal doctrine. Activities of each of these entities are directed at producing certain outcomes. Each of them may bring about politically instrumental outcomes in the realm of law. Such acts can be exemplified in recent years in Poland by re-interpreting the Constitution, instrumental approach to the rules of legislation and the views espoused by the servile doctrine of law.

Excerpt from Cicero’s Oratio pro Cluentio – a prototype of the idea of the rule of law

In the Article 2 of the Treaty on European Union there is no definition of the rule of law, however, in the author’s opinion, every European lawyer knows the meaning of this phrase. It has a very, very long tradition in European legal culture and is rooted in Roman law and its jurisprudence. The author has used Cicero’s Oratio pro Cluentio to explain the core of the rule of law and its meaning.

Authoritarian legalism: Some thoughts on The Remnants of the Rechtsstaat: An Ethnography of Nazi Law by Jens Meierhenrich

Interpreting Nazism is a very delicate task. Herein, I argue that the work of Jens Meierhenrich, which is dedicated to the figure of Ernst Fraenkel and his scientific oeuvre (The Dual State) but is also a wider presentation of an ethnography of Nazi law, shows the significance of revealing the Nazi legal culture. This study not only increases our historical knowledge but also helps to better understand contemporary dual states. A down-to-earth approach to the way law works in authoritarian states is essential if one considers how important were the remnants of the Rechtsstaat in structuring authoritarian politics in Nazi Germany. Jens Meierhenrich excavated Fraenkel’s work and reintroduced it into scholarly circulation. However, it should be noted that Fraenkel’s The Dual State was continually used by Polish scholars, as I have shown, most notably by Franciszek Ryszka. Another value of Meierhenrich’s analysis lies in showing how ideological pressure influenced for many years the research trends in this area. What I find of particular value in The Remnants of the Rechtsstaat by Jens Meierhenrich is the theme which was also explored by Franciszek Ryszka: the embroilment of German lawyers and legal scholars with the Nazi regime. Before it was fully revealed that “der Tod ist ein Meister aus Deutschland”, quite a number of masters of jurisprudence paved the way.

The supreme audit institutions have now become an indispensable element of any democracy. By conducting independent audits on the management of public funds and the related activities of the government, government administration and other authorising officers for said funds these bodies provide the Parliament with information, formulate opinions on issues related to financial statements and implementation of programmes, projects and other government activities. The fact that authorities appointed to perform a similar systemic function are present in many countries has become an incentive to undertake the development of uniform standards regarding the organization and operation of supreme audit institutions in the conditions of functioning of a democratic state and free market economy, as well as establish their place in the system of state authorities. The aim of the article is to illustrate the place of the Supreme Audit Office of Poland on the background of international standards of organization of and activities performed by audit authorities.

The Fourth Amendment to the U.S. Constitution prohibits police from conducting unreasonable searches and seizures in order to protect the individual’s right to privacy. This article discusses U.S. Supreme Court cases interpreting that amendment.

Commentary to the decision of the District Court in Warsaw, XXV Civil Department, Case No. XXXV Ns 196/18

On November 7, 2018, the President of the Capital City of W. banned the cyclical assembly organized by the Association. Among the reasons supporting this decision, a threat to life or health of people or property in significant sizes was indicated. It was decided that the police did not have enough officers to secure the march, and the media reported on the potential participation of extremely nationalistic and fascist groups. The Association appealed to the court. The court stated that, although the President of the Capital City of W. was the competent body to make such a decision, he did not substantiate the fact that the organization of the march threatened the life or health of people or property in large proportions. The court pointed to far-reaching arbitrariness of decision and noted that the assembly organized by the President of the Republic of Poland does not have priority over the Association’s meeting. The author of the commentary expresses his approval for the court’s decision, in particular, pointing to the need to limit the right to freedom of assembly only in extreme situations and in accordance with the Polish law. He points to the fact that even the most extremist groups have the right to manifest as long as they do not violate criminal law provisions. The author also agrees with the court’s opinion that state assemblies do not take precedence over private ones because the legislator did not introduce such provisions.