TY - JOUR
TI - The constitutional right of access to the public service based on the principle of equality and the dual citizenship
 
AU - Bodnar, Adam
AU - Ploszka, Adam
TI - The constitutional right of access to the public service based on the principle of equality and the dual citizenship
 
AB - The “Law and Justice” government in Poland in 2016–2020 conducted a controversial “judicial reform”. As a result, access to the profession of judge and prosecutor for people with dual citizenship was initially denied and eventually significantly restricted. In this piece, we analyze these legislative changes through the lens of their conformity with the Polish Constitution, in particular with the constitutional right of access to public service, as well as with Poland’s binding international law. We are also critically examining the arguments raised to justify these regulations and identifying the effects of their implementation. We argue that depriving people of multiple citizenship of access to the judge or prosecutor profession violates the Polish Constitution, as well as international law.
VL - 2023
IS - Issue 4 (2023)
PY - 2024
SN - 2544-2031
C1 - 2956-3623
SP - 7
EP - 35
DO - 10.4467/25442031PKO.23.025.19352
UR - https://ejournals.eu/en/journal/przeglad-konstytucyjny/article/konstytucyjne-prawo-rownego-dostepu-do-sluzby-publicznej-a-instytucja-podwojnego-obywatelstwa
KW - dual citizenship
KW - public service
KW - Polish Constitution
KW - judges
KW - prosecutors