The principle of the rule of law in the European Union’s external policy

Rule of law, whose core is „the access to an independent judiciary and judicial review”, fulfills in EU external policy two functions. Firstly, according to the art. 21 of TEU, all EU external actions have to be subdued to the rule of law. Secondly, promoting and consolidating the rule of law is one the objectives of EU external action. In most constitutional systems, a wide margin of appreciation is left as regards to foreign policy and judicial review is considerably limited. In case of EU, the Court’s jurisdiction over EU external policy is differentiated and reflects the old pillar structure. The question which arises here is whether it can be accommodated with the disposition of the art. 2 of TEU, which states that the European Union which is a single legal entity „is founded on the value of rule of law”, and with the principle of EU external policy coherence.

The Juridical power in selected postyugoslave states – Slovenia and Croatia

The government in the Republic of Slovenia is organized on the principle of separation of powers into legislative, executive and judicial branches. Judicial power is exercised by the courts. The judiciary is autonomous and independent. The courts administer justice according to the Constitution and law, as well as according to international agreements and treaties in force. Judges and lay assessors participate in the administration of justice in conformity with the law. In the Republic of Slovenia the administration of justice is carried out by 44 district courts, 11 regional courts, 4 higher courts: labour courts and social court, Higher Labour and Social Court, the Administrative Court of the Republic of Slovenia and the Supreme Court of the Republic of Slovenia. In addition to courts with general jurisdiction, there are 4 labour courts and 1 social court. There are responsible for ruling on individual and collective labour-related disputes and on social disputes. For second-degree ruling the Higher Labour and Social Court is responsible.

The aim of the article is to define a rule of law for a proper functioning of the state, especially in the context of the provision of legal freedoms and guarantees to constitutional units. The determination of the was presented consequences of a breach of the rule of law which governs the complex acquis. The study will consist of attempts to define the rule of law, starting from the scope of this rule, on the basis of a doctrinal interpretation. This rule based on the Constitution of the Republic of Poland as well as on the Judgments Constitutional Court of the Republic of Poland. The specificity of the functioning of the European Union system requires to consider in this context the relationship between national and EU law on the regulation of the rule of law at the Community level. For the topic addressed, it is equally important to refer to the mechanisms provided by EU law to enforce Member States to respect common principles and values. The method used to implement the previously articulated objectives legal text interpretation.

The principle of a state of law belongs to the basic canons of contemporary democracy and remains the fundamental constitutional value and principle of all the democratic states. Its scope and interpretation usually are derived from the national constitutional order and results primarily from the basic law. In the Constitution of the Republic of Poland of 1997, being currently in force, it adopted the formula of the principle of a democratic legal state, combining the elements of a state of law, the rule of law and the democratic method of exercising power. Its contemporary understanding is derived from the output of the European constitutional law doctrine, the systemic experience of states with mature, established and solidified traditions of democracy, as well as from the judicature of the Constitutional Tribunal. This paper aims at conducting analysis of the content and scope of the principle of a democratic legal state provided by the Polish basic law.

The rule of law is one of the founding values of the EU, as indicated in Art. 2 TEU. This provision recognizes that the rule of law is a core value, inherent to liberal democracy, and one which characterized the Union and its Member States. Taking into account this context, as well as the deficiencies of the EU mechanism to enforce the rule of law within the Member States, European Parliament called on the Commission to establish a new tool to address rule of law backsliding in Member States. In October 2016, Parliament addressed recommendations to the Commission on the establishment of EU mechanism on democracy, the rule of law, and fundamental rights (EU pact for DRF) in the form of an international agreement. The new mechanism should integrate and complement the existing mechanism, should be evidence-based, objective, addressing the Member States and EU. The author analyzes this initiative and tries to answer why it was not fully realized. Additionally, he presents a reaction to that initiative of the Council of Europe. There is no doubt, that realization of the EU Pact for DRF would inf luence the Council of Europe and weaken its role as a main European mechanism in the area of protection of democracy, rule of law, and human rights.

An in-depth analysis presented in this article concludes that the views and socio-political activities of Wacław Komarnicki were aimed at reasserting the Polish national interest and realizing the idea of the state of law associated with the rule of law. The analysis is based on archival and printed sources and selected literature on the subject. It required the use of appropriate research methods. The biographical method, in conjunction with the content analysis method, proved to be most helpful. Among the research techniques, the analysis of testimonies of political thought proved to be particularly useful.

On the Eve of the Birth of the Modern Doctrine of the Legal State? The Attitude of Polish Liberals to the Idea of the Rule of Law at the Beginning of the 19th Century

The article analyzes the problem of the attitude towards the idea of the rule of law of representatives of the Polish elite at the beginning of the 19th century. The author presents the development of the idea of the rule of law in the introduction. He verifies the thesis that the ideological basis for the concept of the rule of law was the Enlightenment thought on the basis of which the liberal doctrine developed. He used it to seek an answer to the question about the characteristics of the model of government established by the Constitution of the Kingdom of Poland of 1815. The author attempted to prove that, since the Kingdom (existing until 1831) with one of the most liberal constitutions in the first half of the 19th century was in force, then this act met all the conditions required for the establishment of the rule of law according to the standards adopted in that century. These considerations conclude with remarks on the further evolution of Polish liberal thought in the 1820s. It began to differ from the liberal assumptions on which the German Rechtstaat doctrine was built. Paradoxically, Rechtstaat concept had much more in common to Polish liberalism in the earlier (proto-liberal) stage of its development in the times of the Duchy of Warsaw (1807–1815) than of the Kingdom of Poland (1815–1831).

Are there Polish Traditions of the Rule of Law? Prolegomena for Research

The paper is a summary of a scientific seminar devoted to the problem of the Polish acquis concerning the concept of the Rule of Law and an introduction to in-depth research on this subject. The initial answer to the research question whether there is Polish achievements in the described field is positive. It is a centuries-old and relatively rich achievement. The answer to the question about the existence of the Polish tradition of the Rule of law, understood as continuity, is negative. Despite making more and more (partially understandable) attempts to prove this continuity and the existence of at least a partial continuation of the political system between the so called First, Second and Third Polish Republics, this continuity is only illusory and in fact has been broken several times. One can speak of a short-term continuity only within successive epochs in Polish history.

„Even the same Ones, who are Established to be Protectors of Law, they Ought to be Their First Preservers”. On the Rule of Law in the Debate and Reform work of Polish Great Sejm (1788–1792)

Although the theoretical assumptions of the concept of the rule of law have been developed in the continental tradition only in the 19th century, its systemic elements have their roots deep in history. In this contribution, the author analyses selected examples from the field of legislation and legal culture of the Great Sejm era (1788–1792). She focuses in particular on the problems of articulation and functioning of the supremacy of the constitution in the legal order and the innovative shaping of the responsibilities of key state authorities. These issues notably seem to reflect the suspension between the domestic heritage and the modernity of constitutionalism. At the same time, both cases prove that the ratio legis of these solutions was primarily of a practical, not conceptual nature.

Artykuł stanowi próbę porównania obecności problematyki rządów prawa w dorocznych exposé ministrów spraw zagranicznych RP z perspektywy 1990 i 2019 r. Impulsem do wzmiankowanej analizy wystąpień Krzysztofa Skubiszewskiego i Jacka Czaputowicza były: 30. rocznica powołania rządu Tadeusza Mazowieckiego i – co się z tym wiąże – zapowiedź ustanowienia standardów prawnych charakterystycznych dla zachodnich demokracji liberalnych oraz, siłą rzeczy, bieżący spór wokół praworządności w Polsce. Okoliczności te sprawiły, że zagadnienie rządów prawa zajęło istotne miejsce w przemówieniach obu szefów dyplomacji. W artykule dokonano analizy wystąpień obu ministrów spraw zagranicznych. Kwestia praworządności pojawia się w nich w następujących kontekstach: krajowym (transformacja wymiaru sprawiedliwości i towarzyszący jej dyskurs) oraz międzynarodowym, obejmującym relacje Polski z innymi państwami (ze szczególnym uwzględnieniem państw sąsiedzkich) i organizacjami międzynarodowymi (Rada Europy – przez pryzmat przede wszystkim Europejskiego Trybunału Praw Człowieka, Unia Europejska, ONZ). O ile minister Skubiszewski w pewnym sensie wyznaczył w swym exposé „punkt wyjścia” polskiej polityki zagranicznej (w tym zobowiązanie do implementacji międzynarodowych standardów ochrony praw człowieka), tak Jacek Czaputowicz „punkt dojścia”, bowiem najistotniejsze cele wolnej Polski w sferze stosunków zewnętrznych zostały na przestrzeni 30 lat zrealizowane. Zmiana polityczna, jaką przyniosły wybory parlamentarne w 2015 r., sprawiła, że problem rządów prawa w Polsce stał się – także w polityce zagranicznej – na powrót aktualny.

Judicial System of the European Union

A comprehensive analysis of the provisions of the Treaty on European Union, which define the basic values, objectives, obligations of Member States and the procedure for ensuring effective judicial protection in the EU legal order. It has been established that the implementation of core values is a common task of the EU institutions and national state bodies. It is substantiated that the rule of law in the EU is ensured by effective judicial protection of rights in the areas covered by EU law. Effective judicial protection is provided by national courts together with the Court of Justice in the manner of implementing the mechanism provided for in Article 267 of the Treaty on the Functioning of the EU. It has been proven that the unity of purpose, common functions, equality of legal status and common standards of judicial organization and principles of administration of justice unite national courts and the Court of Justice into a single EU judicial system. It is proposed to define the concept of “EU judicial system”, namely, the EU judicial system is a set of EU judicial institutions, namely integration institutions (EU Court within the TEU) and national courts of the Member States (higher courts, constitutional bodies), principles of functioning provided by the EU legal order, which jointly perform the functions of judicial control and effective judicial protection in the European region, interact with each other and ensure the establishment of the rule of law in the EU. Judges of the EU judiciary have the same requirements for age, qualifications, independence and impartiality, which are the common organizational principles of the EU judiciary. All judges of the EU judiciary are obliged to adhere to the principles of proceedings set out in the Charter and the Convention. It is proved that the unity of purpose, common requirements for legal status, common standards and principles of justice established for judges of the Court of Justice and judges of national courts are signs of their belonging to a single EU judicial system.

Impact of the COVID-19 Pandemic on Citizens’ Rights and Freedoms to Organize Assemblies

The article focuses on the freedom of citizens to organize assemblies during the COVID- 19 pandemic in Poland. The provisions of the Acts and the Regulation of the Council of Ministers of March 19, 2021 on the establishment of certain restrictions, orders and bans in connection with the occurrence of the epidemic, prohibiting or limiting the organization of assemblies during a pandemic in terms of the existence of pro-liberation or anti-freedom tendencies, were analyzed. The presented article is an attempt to consider the constitutionality of the provisions in force in this area. The law may become a tool of lawlessness, and it should be noted that the participation of citizens in assemblies is sometimes the only opportunity to express their views and one of the basic standards characterizing a democratic state ruled by law.

Constitutional Reform in Kyrgyzstan. Challenges and Threats to Democracy and the Rule of Law

The collapse of the USSR in 1991 led to the emergence of five independent states in Central Asia: Kazakhstan, Uzbekistan, Tajikistan, Turkmenistan and Kyrgyzstan. Four of them established an authoritarian form of government, while Kyrgyzstan became the only democratic state in the region. This may change after the referendum on constitutional reform, which is scheduled for 2021. The amendments to the Constitution provide for the extension of the president’s powers, which, according to many Kyrgyz researchers, may lead to the transformation of Kyrgyzstan into an authoritarian state. This article presents the results of the analysis of the draft amendment to the Constitution of the Kyrgyz Republic initiated by the new president of the country, Sadyr Japarov.

Pandemic Challenges Versus Changes in the Law and System Practice Selected European Countries

The article presents the changes that have taken place in the laws and systemic practice of states as a result of counteracting the crisis related to the Covid-19 pandemic. The author, pointing to pandemic challenges as well as actions taken by governments of states belonging to the Council of Europe, pointed out that the peculiar bluntness of changes could be most noticed in the construction and implementation of regulations on states of emergency. On the other hand, the issue of modifying the constitution was approached more carefully.

State sovereignty and the rule of law: the codification of private law in China

The main issue of this article is a comparison of codification of private law in the Republic of China (1912–1949) with the current fifth attempt to codify civil law in the People’s Republic of China, which is planned to be enacted in 2020. The aim of the paper is to prove that in both the most important factors for drafting new laws were not the internal needs of the state, but the necessity to regulate the position of the country on the international arena. The analysis is based on two main concepts: sovereignty and the rule of law, which are crucial for understanding this issue.

The article analyzes the specificity and distinctiveness of authoritarian regimes operating in a global network of complex and multidimensional international relations. The author of the article asks the question: to what extent the dynamically changing paradigm of authoritarian ideology is responsible for the occurrence of various types of tensions, rivalries, and antagonisms caused by authoritarian regimes, the effects and consequences of which affect not only national and regional political conditions but also cause severe international repercussions? The applied research method allows exposing the complex particularity of authoritarian regimes in the context of the multidimensional dynamics of recent geopolitical changes. It is crucial when a number of modern ideological trends often downplay the brutal nature of many authoritarian systems and even treat the “authoritarian model” – especially in the form of socialist autocracies – as a “specific historical phenomenon” trying to resolve many complex and multiple political and economic issues.

Correlation of Concepts Right and Law

The article proves that law is an effective means of regulation only in the rule of law. The rule of law underpins the work of the United Nations and other international organizations, as well as the political institutions of modern developed nations. It is shown that the concept of “rule of law” is lexically close to one of the basic elements of the positivist doctrine of law in the form of the concept of “rule of law”, which led to the identification of these concepts. It is substantiated that the Ukrainian vision of the rule of law is not limited to legislation as one of its forms, but also includes other social regulators, including morals, traditions, customs, etc., which are legitimized by society and conditioned with historically achieved cultural level. It is confirmed that justice is one of the basic principles of the law, decisive in defining it as a regulator of social relations, one of the universal dimensions of the law. It is proved that justice is considered as a property of the law, expressed, in particular, in the equal legal scale of behavior and in the proportionality of legal responsibility for the offense. In the field of the law enforcement, justice is manifested, in particular, in the equality of all before the law, the conformity of crime and punishment, the goals of the legislator and the means chosen to achieve them. In the article, that right, comes forward as effective means of adjusting only in the conditions of supremacy of thelaw. Principle of supremacy of right is the basis of activity of United Nations and other international organizations, and also political institutes of the modern developed states. It has been shown that a pan-European understanding of the concepts studied takes into account the main aspects of the concept of “rule of law”: all persons, whether public or private, must be bound by law and have the right to enjoy it. It is shown that modern society has developed an effective mechanism for ensuring the rule of law, which includes: the existence of the basic law of the country – the Constitution or its equivalent; clear and consistent system of legislation; institutions of justice, administration and security, which have the means and capabilities to ensure the application of legislation; legal culture. In the absence of equal law for all, the progressive development of society is impossible. Where there are groups above the law, as well as the practice of selective application of the law, incentives for development disappear. It is substantiated that the rule of law should be identified and implemented at the stage of law enforcement and the first step towards this is to increase the role of law as the main and primary regulator of public relations.

Standards of Proof as a Component of Procedural Fairness

The question of the searching for fairness in the different areas of our life is still being important in modern world. Fairness may have different manifestations, which complicates it’s one unambiguous interpretation. Such situation are needed the endless seek of the practical fairness in the every individual administrative cases for the harmonious development of the entire judicial system, which determines the relevance of the study. The aim of the article to create the knowledge about the role of the standards of proof in it’s ability to get closer to the fairness during the evaluation of the evidence as the last stage of administrative procedural proving . During the research general scientific methods were used, including analysis, synthesis, induction, deduction, abstraction, concretization, analogy, systemstructural method. A number of special methods were also used: the hermeneutic method for understanding and interpreting legal norms ; terminological and systematic methods to characterize the principle of justice; the axiological method helped to analyze justice as a universal value; the functional method helped to identify the function and role of the standards of proof in the way of establishing fairness in the evaluation of evidence in the administrative process. The logic of the presentation of the studied material. The ability of the fairness to correlate with the the principle of pluralism of truth were established. The fact that historical origins of universal values are not important for their consolidation at the level of fundamental principles of law were proved. The importance to adherence of the principle of justice not only in lawmaking but also in law enforcement were researched. The place of the standards of proof to be an important component of procedural (procedural) justice were detected Conclusions. Standards of proof contribute to the achievement of the justice’s ideals as they serve as a guide for the judge in the distribution and execution of the burden of proof. The higher the value of a certain value for society, the higher the standard of proof used and vice versa.

Remarks on the Shaping of the Ombudsman Institution in Poland and Mexico, 1990–2022

The ombudsman institution has become a barometer of implementing the rule of law, democracy and transparency system. Does the fact that the institution of the ombudsman was established in authoritarian countries influence its activities today? This question will be the subject of a comparative analysis of Poland and Mexico, in which there has been a democratic transformation in recent decades. In conclusion, it should be observed that despite the historical and political differences, we are dealing with a similar context and mechanism of functioning of the ombudsman institution. Both countries have an authoritarian past and both underwent a democratic transformation in the 1990s. and both struggle with contemporary forms of authoritarian forms of power.

In this article, the author argues that the introduction of measures in Poland to remedy violations of the rule of law, particularly regarding the judicial system, does not require so far referring to the principles of transitional justice. The author loosely refers to Ernst Fraenkel’s concept of a dual state which is sometimes used to describe the political reality in contemporary Poland. In a dual state, there are two parallel realities, and apart from politicized organs there may also exist institutions that have not yet been captured by the ruling party, i.e. institutions that do not recognise the current, unconstitutional legal order. Therefore, according to the author, the assessment of the legal legitimacy of certain institutions or persons (including judges), after the restoration of the rule of law in the nearest future, may differ from the classic transition from a completely non-democratic to a democratic regime.