On the State and Results of the Discourse Concerning the Protection of the Rule of Law in Poland

For several years lively discussions have been taking place in Poland related to the rule of law. In the author’s point of view, this discussion is breaking out of the scope of proper methodology and cannot – in principle – bring expected results. In the course of a discussion between the reliable position, which is highly specialized and thus using arguments not understood by many, with a propaganda message , the latter usually wins, however, for the short term. As the author states, this discussion cannot be discontinued and must be conducted, especially when the practical aspects of the problem are considered, and should be aimed at dealing with strictly legal issues while presenting not only the opinion on facts but facts themselves. The author presents cases where the participants of the discussion depart from the truth and use simplified argumentation that lacks any sense. He underlines the problem of journalists’ reliability related to the way the discussion is conducted. He emphasizes that their duty is to be objective and professionally prepared, and to study the issue more deeply in order to separate truth from falsehood.

Leveling Down – Threats for the Rule of Law: Is Poland Herostratus or a Catalyst?

Member States (while transposing and implementing the EU law), as well as participants of the market (while concluding and performing contracts), take part in the race to the bottom. They choose the most comfortable solutions that offer them the highest profits, the greatest freedom, and the fewest limitations. EU law should prevent this unavoidable pathologization, the race to the bottom, imposed by the stronger or smarter participants of the market. 

Considering how common the race to the bottom is, the principle of effectiveness of EU law inspired an increased involvement of the Court of Justice of the European Union (CJEU) in the discussion on the independence of the national judiciary. It deals with the protection of judges’ independence against influence, pressure, as well as political decisionism, in order to prevent the existing standard of the rule of law from deteriorating. Recently, Polish courts formulated more than twenty preliminary referrals for the CJEU, and the EU Commission subsequently initiated two cases against Poland. All of these cases deal with situations in the Polish judiciary. The Polish cases became a catalyst of change, and, as a result, the case law of the CJEU is undergoing a „qualitative change”. The potential of Article 19 Section 1 of the Consolidated version of the Treaty on European Union has been noticed. On this basis and in cooperation with the national courts, a renewed standard of an independent European court is being constructed. This standard would further bind national courts with the EU system. The standard relates not only to the application of EU law by national courts, but it also deals with the institutional structure of the national courts.

Gender Quotas in the Electoral System – Concept, Origin, and Classifications

The purpose of this article is to present the basic issues concerning gender quotas in the electoral system. Firstly, the concept of quotas and their functions are explained. Secondly, the origin of quotas is discussed. Last but not least, the author is presenting the classifications of quota systems. The detailed analysis is made mainly from the theoretical perspective.

On Amparo´s Evolution in Mexico

The article addresses the question of amparo´s evolution in Mexico. It provides historical development and an actual perspective of understanding amparo as a form of jurisprudence. In Mexico, amparo is a judicial procedure established to protect constitutional rights and freedoms against violations by the state authorities. The amparo was first introduced in the text of the Constitution of the Mexican State of Yucatan, Mexico, in 1841. Today this procedure is the constitution’s most complex institution of protecting human rights. Alongside the amparo´s analysis, the author suggests developing and implementing the fourth procedure regarding jurisprudence in Poland