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One-sidedly Staffed Courts - A Problem of Impartiality – not only in Poland
Published 2024-01-01“…The difficulties to be expected for the new majority in dealing with the rule of law deficiencies that have piled up in the Polish justice system, and especially in the Polish Constitutional Tribunal since 2010 (on these difficulties here, pp. 227 ff., and here) draw attention to an underlying problem to be witnessed not only in Poland, and not only in other countries where democracy and the rule of law have deteriorated or never existed: the problem of courts, and in particular constitutional courts, with a blatant lack of political balance in their composition.…”
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“Let the Sirens Roar”: The Women’s Protests in Poland and the Artistic Response to the Backlash
Published 2022-12-01“… “Let the Sirens Roar”: The Women’s Protests in Poland and the Artistic Response to the Backlash The ruling of the Constitutional Tribunal of 22 October 2020, which tightened the restrictions on reproductive rights in Poland and was adopted in the midst of the COVID-19 pandemic, sparked strong social opposition and massive demonstrations. …”
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I Think, I Feel, I Decide: The Polish Struggle for Reproductive Rights
Published 2022-12-01“…Dubrow have compiled a variety of voices to create a snapshot of a tumultuous time in Polish society, when, in autumn of 2020, the Constitutional Tribunal limited the already heavily restricted abortion access, and unprecedented street protests ensued in the midst of the COVID-19 pandemic. …”
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The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example)
Published 2022-06-01“…This problem is valid, especially in the light of the recent application of the First President of the Supreme Court to the Constitutional Tribunal which touches upon the right to privacy of persons performing public functions. …”
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Strategies of Justification in Resolving Conflicts of Values and Interests. A Comparative Analysis of Constitutional Argumentation in Cases of Animal Sacrifice
Published 2023-10-01“…In Poland, the Constitutional Tribunal in its decision (K52/13) ruled for the admissibility of ritual slaughter. …”
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Between a Rock and a Hard Place: Abortion, Catholicism, the Populist Right and Public Health Threats in Poland
Published 2023-10-01“…The new blanket ban on abortion constitutes a health risk and a punitive measure achieved via a judgement of the Constitutional Tribunal stacked with loyalists by the ruling party. …”
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“A woman should follow her own conscience”: understanding Catholic involvement in demonstrations against the abortion ban in Poland.
Published 2021“…In October 2020, a ruling by Poland’s Constitutional Tribunal effectively ending legal abortion incited mass protests across the country. …”
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The rule of law “on the ground”. The Polish courts’ perspective
Published 2023-12-01“…The authors examined the case law of the Constitutional Tribunal, the Supreme Court, but above all, of the common courts, published after 1997 (the year in which the Constitution of the Republic of Poland entered into force) with regard to how often judges invoke the concept of the rule of law and how they explain it. …”
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Instrumentalne wykorzystywanie władzy sędziowskiej po wyroku TSUE – wieloaspektowa analiza legalnej korupcji
Published 2020-06-01“…The next part of the paper is devoted to a critical analysis of selectively interpreted right to a tribunal enshrined in art. 45 of the Polish Constitution in connection with other values enshrined therein. …”
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Konstytucyjna wolność przedsiębiorczości w kontekście społecznej gospodarki rynkowej – pożądane standardy regulacji
Published 2023-01-01“…The points of reference are the provisions of the Constitution of the Republic of Poland. The author referred in particular to the jurisprudence of the Polish Constitutional Tribunal and, to a lesser extent, to the position of the doctrine. …”
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Retreat from the Polish raison d’être or the national interest
Published 2016-12-01“…The relationships between Poland and the US worsened when Obama’s administration became sensitised to the setbacks in democracy in Poland, especially since they meant the virtual elimination of the political position of the Constitutional Tribunal. …”
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Relationship between EU law and national law in the context of case law of judicial bodies
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Division of offences carried out on human corpses due to their statutory object of protection
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Protection of private property expropriation
Published 2016-02-01“…It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. …”
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Protection of private property expropriation
Published 2016-02-01“…It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. …”
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Protection of private property expropriation
Published 2016-02-01“…It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. …”
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