Poland : another episode of 'rule of law backsliding' - Judgment P 7/20 and a threat to the integrity of the EU legal order
Public law, 2022, pp. 153-156
POLAŃSKI, Oskar, Poland : another episode of 'rule of law backsliding' - Judgment P 7/20 and a threat to the integrity of the EU legal order, Public law, 2022, pp. 153-156 - https://hdl.handle.net/1814/74056
Retrieved from Cadmus, EUI Research Repository
Since 2015, Poland’s Prawo i Sprawiedliwość (PiS) Government has engaged in a process of “rule of law backsliding” (hereafter “backsliding”) whereby it has deliberately eroded checks and balances with the aim of entrenching itself in power. Since then, the regime has inter alia eradicated effective judicial review by subordinating the Constitutional Tribunal to its will and introduced a disciplinary regime through the creation of the Disciplinary Chamber of the Supreme Court, tasked with sanctioning judges criticising the PiS’ judicial reforms or failing to adjudicate in line with the government’s agenda. In so doing, the regime has persistently undermined judicial independence by increasing the control of the legislative and executive branches on the functioning and “outputs” of the judiciary. The purpose of this essay is to illustrate how the most recent iteration of Polish backsliding—through the judgment of the Constitutional Tribunal in case P 7/20—threatens the integrity of the EU’s legal order and, in turn, the future of the EU itself.
Published online in January 2022
Cadmus permanent link: https://hdl.handle.net/1814/74056
Publisher: Thomson Reuters (Westlaw)