Komisja Wenecka a proces przywracania praworządności w Polsce
The Venice Commission and the Restoration of the Rule of Law in Poland
Author(s): Marcin SzwedSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Political Theory, Governance
Published by: Kancelaria Sejmu
Keywords: Venice Commission; rule of law; rule of law restoration; judicial independence
Summary/Abstract: After the 2023 parliamentary elections, Poland embarked on a challenging process of restoring the rule of law. Key areas requiring reform include the Constitutional Tribunal, the National Council of the Judiciary, and the status of thousands of improperly appointed judges. This process involves numerous challenges, including the need to balance competing principles and values, and must align with relevant European standards. A significant source of such standards is the Venice Commission, which has issued four opinions on the reform of Poland’s judiciary. This article analyses those opinions and identifies the guiding principles the Venice Commission considers essential for rebuilding the rule of law. It also addresses emerging criticism of the Venice Commission’s approach and questions its validity, while simultaneously pointing out certain problematic issues present in the Venice Commission’s opinions on the Constitutional Tribunal and the status of irregularly appointed judges. Finally, it briefly discusses the extent to which Polish authorities have followed the Venice Commission’s recommendations.
Journal: Przegląd Sejmowy
- Issue Year: 2026
- Issue No: 193
- Page Range: 75-107
- Page Count: 33
- Language: English, Polish
