Adam Bodnar

SWPS University of Social Sciences and Humanities | SWPS · Faculty of Law

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes o...

States that were not a party to proceedings in a case before the European Court of Human Rights should take into account judgments and decisions issued with respect to third states. Indeed, judgments and decisions establishing a new legal principle or standard should have a persuasive authority for other states. They should be an incentive for stat...

CSR and human rights – monitoring compliance with the standards of corporate social responsibility by companies Traditionally, entities obliged to respect the rights and freedoms set out in the Constitution of the Republic of Poland and binding agreements in the fi eld of international human rights protection are public authorities. Nevertheless, t...

This chapter argues that the recognition of same-sex couples in Eastern Europe can occur either via legislative change or court decisions. Nevertheless, local specificity challenges the theory of incremental changes that, as applied to Western European countries, assumes a step-by-step progress from the decriminalization of sodomy, through the proh...

In the article, the authors postulate the extension of electoral rights in local elections to include people without European Union citizenship. The analysis of the legal regulations leads them to the conclusion that such a solution would be in line with the Constitution of the Republic of Poland, in particular Article 16, defining the scope of the...

This article explores the introduction of electoral gender quotas and the unprecedented social mobilization in pursuit of gender equality in Poland. The quota law was adopted as a citizens’ initiative organized by the Congress of Women, a new women’s movement. The article analyzes the factors that account for the success of this initiative, which p...

In the article the authors elaborate on the application of the European Convention on Human Rights to arbitration procedure. Tey particularly analyze the jurisprudence of the European Court of Human Rights based on art. 6 (right to a fair trial) and art. 1 of the Protocol to ECHR (Protection of property).They also indicate potential problems concer...

Poland has been accused of participation in the extraordinary rendition program established by the United States after the September 11, 2001 attacks. It is believed that a secret CIA detention facility operated on the Polish territory, where terrorist suspects were transferred, detained and interrogated with the use of torture. Currently, Poland h...

Following 20 years of transformation, Poland has an independent judiciary, in both the constitutional and practical sense. Guarantees of Polish law, although perhaps not perfect with respect to certain issues, provide a general guarantee of independence which is additionally reinforced by guardians of this principle, in particular the National Coun...

The paper presents an analysis of development of the Polish judiciary following the transformation in 1989. Long road towards judicial independence and guarantees of the right to court was steered by the need to comply with EU standards and the ECtHR guarantees. At the same time, Polish judiciary had to tackle with systemic problems of efficiency....

The right to an effective remedy should not be interpreted and analysed individually, but rather in a broader context of the general right to a fair trial. The notion of an effective remedy is closely connected with the right to a fair trial and one should agree that Art. II-107 of the “Treaty establishing a Constitution for Europe” (CT) “constitut...

Paper presents the reform of the judicial system which resulted from the challenge of the institution of assessor, i.e. apprentice judge. Strategic litigation of the case before the Polish Constitutional Court resulted in a systemic change concerning judicial appointments. It also showed that different state actors are not prepared to make a well-t...

Paper presents the major cases concerning freedom of assembly which happened in Poland in 2005 and resulted in litigation. As a follow up of problems with organization of assemblies by LGBT groups, the Polish Constitutional Court, the European Court of Human Rights and administrative courts had an opportunity to create a significant case-law, stren...