Marta Derlatka - Academia.edu (original) (raw)
Papers by Marta Derlatka
Social Science Research Network, Oct 9, 2019
International Conference on Slope Engineering, 2003
Constitutional Review, 2017
SSRN Electronic Journal, 2019
Poland, which along with Hungary, used to be regarded as the leading example of a successful tran... more Poland, which along with Hungary, used to be regarded as the leading example of a successful transition to democracy, is now experiencing (along with Hungary) processes of the so-called “illiberal backsliding”. As, unlike in Hungary, the new parliamentary majority is too weak to control constitutional amendments, the process of changes is developing “next” to the principles and rules of the 1997 Constitution of Poland. This paper is focused on the presentation of the consecutive stages of the political absorption of the Court in 2015-2016 (I). It further considers the situation of the “new” Court in its post-2016 form (II), the main streams of criticism of the reform (III), the changes in the situation of the remaining segments of the judicial branch (IV), the reactions of the CJEU and ECtHR (V), and ends with few concluding remarks (VI)
TORUŃSKIE STUDIA POLSKO-WŁOSKIE XV — STUDI POLACCO-ITALIANI DI TORUŃ XV , 2019
Poland, which along with Hungary, used to be regarded as the leading example of a successful tra... more Poland, which along with Hungary, used to be regarded as the leading example of a successful transition to democracy, is now experiencing (along with Hungary) processes of the so-called “illiberal backsliding”. As, unlike in Hungary, the new parliamentary majority is too weak to control constitutional amendments, the process of changes is developing “next” to the principles and rules of the 1997 Constitution of Poland. This paper is focused on the presentation of the consecutive stages of the political absorption of the Court in 2015-2016 (I). It further considers the situation of the “new” Court in its post-2016 form (II), the main streams of criticism of the reform (III), the changes in the situation of the remaining segments of the judicial branch (IV), the reactions of the CJEU and ECtHR (V), and ends with few concluding remarks (VI)
Development of Constitutional Law through Constitutional Justice: Landmark Decisions and their Impact on Constitutional Culture. XXth International Congress on European and Comparative Constitutional Law. Gdansk , 20-23 September 2018 , 2018
This paper defines, first, the most important rulings of the Polish Constitutional Court between ... more This paper defines, first, the most important rulings of the Polish Constitutional Court between 1986 and 2015. Furthermore, it presents the process of political absorption of the Court (2015-2017) and, finally, considers the recent situation and challenges for the judicial review in Poland.
Social Science Research Network, Oct 9, 2019
International Conference on Slope Engineering, 2003
Constitutional Review, 2017
SSRN Electronic Journal, 2019
Poland, which along with Hungary, used to be regarded as the leading example of a successful tran... more Poland, which along with Hungary, used to be regarded as the leading example of a successful transition to democracy, is now experiencing (along with Hungary) processes of the so-called “illiberal backsliding”. As, unlike in Hungary, the new parliamentary majority is too weak to control constitutional amendments, the process of changes is developing “next” to the principles and rules of the 1997 Constitution of Poland. This paper is focused on the presentation of the consecutive stages of the political absorption of the Court in 2015-2016 (I). It further considers the situation of the “new” Court in its post-2016 form (II), the main streams of criticism of the reform (III), the changes in the situation of the remaining segments of the judicial branch (IV), the reactions of the CJEU and ECtHR (V), and ends with few concluding remarks (VI)
TORUŃSKIE STUDIA POLSKO-WŁOSKIE XV — STUDI POLACCO-ITALIANI DI TORUŃ XV , 2019
Poland, which along with Hungary, used to be regarded as the leading example of a successful tra... more Poland, which along with Hungary, used to be regarded as the leading example of a successful transition to democracy, is now experiencing (along with Hungary) processes of the so-called “illiberal backsliding”. As, unlike in Hungary, the new parliamentary majority is too weak to control constitutional amendments, the process of changes is developing “next” to the principles and rules of the 1997 Constitution of Poland. This paper is focused on the presentation of the consecutive stages of the political absorption of the Court in 2015-2016 (I). It further considers the situation of the “new” Court in its post-2016 form (II), the main streams of criticism of the reform (III), the changes in the situation of the remaining segments of the judicial branch (IV), the reactions of the CJEU and ECtHR (V), and ends with few concluding remarks (VI)
Development of Constitutional Law through Constitutional Justice: Landmark Decisions and their Impact on Constitutional Culture. XXth International Congress on European and Comparative Constitutional Law. Gdansk , 20-23 September 2018 , 2018
This paper defines, first, the most important rulings of the Polish Constitutional Court between ... more This paper defines, first, the most important rulings of the Polish Constitutional Court between 1986 and 2015. Furthermore, it presents the process of political absorption of the Court (2015-2017) and, finally, considers the recent situation and challenges for the judicial review in Poland.