Přednáška Publikováno: 4. 11. 2021

"The Polish Rule of Law Showdown in front of the Court of Justice“

The European Court of Justice is behind a recent and genuine enhancement of European constitutionalism, placing the rule of law, a long-established value and principle of EU law, at the centre stage, turning the chaos of unlawfulness accompanying the destruction of the checks and balances in Poland to the EU’s advantage. This rule of law-enhancing process which received a tremendous boost over the last month is in fact a longer-term development of re-articulation of EU constitutionalism is ongoing and represents the Court of Justice’s incrementalist response to the process of rule of law backsliding which first emerged in Hungary before spreading to Poland. The lecture aims to present and critically analyse this judicial response on a case-by-case basis.