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Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)

Dr Michał Krotoszyński

Adam Mickiewicz University in Poznań

English abstract: During the last four years the situation in Poland has been a matter of interest to the worldwide legal community mostly due to the constitutional crisis. Yet, the years 2015–2019 were also a time of a revival of transitional justice measures, such as cleansing the public sphere of communist symbols, remodelling of lustration law, and further reduction of pensions of communist secret service employees and officers. In this paper I argue that these spheres are interconnected and that Poland’s constitutional crisis has a transitional justice dimension. I start with an overview of retrospective instruments dealing with the communist past introduced in the last four years. Next, I turn to the constitutional crisis itself, discussing its possible explanations and transitional justice aspects. In the end I claim that the dramatic constitutional backsliding that Poland has recently experienced can be explained not only as a power grab, but also as a result of the tension between the rule of law and the principle of individual responsibility on one hand – and the resort to collective accountability in an attempt to get what the government sees as justice on the other.

Keywords: transitional justice, lustration, decommunization, Poland’s constitutional crisis, Polish Supreme Court, rule of law, sincerity principle

Language: English

Published: Number 3(21)/2019, pp. 22-39.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.22

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Number of downloads: 66

Filed Under: Articles Tagged With: decommunization, lustration, Poland’s constitutional crisis, Polish Supreme Court, rule of law, sincerity principle, transitional justice

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Michał Pawłowski Zygmunt Bauman “little ethics” Systems Theory moral judgement profession of advocate legal advisors principle of salience agonism essentially contested concepts analogy multicentrism extensive interpretation international society human and civil rights and freedoms Paulina Konca Filip Rakoczy restorative justice interpretation of the Bible memory laws alternative dispute resolution Magdalena Glanc judicial formalism interpretation methodologically creative collective guilt war on terror order Herbert L. A. Hart narratology value pluralism normative theories of legal interpretation arbitrariness Maciej Próchnicki aims means of the law Michał Pełka prototype theory katechon Beata Polanowska-Sygulska institutions Searle virtue ethics Marcin Romanowicz difference herculean method of adjudication international legal theory populism public interest advocate legal certainty objectivity reflexivity

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