Modus Operandi of the Erosion of the Rule of Law in Poland – Experience in 2015–2023

The author of this article attempts to diagnose the changes in Polish constitutional democracy taking place in 2015–2023, and at the same time tries to select and catalogue violations of systemic practice, leading to the erosion of the rule of law, ultimately resulting in the recognition of Polish constitutional democracy as a defective democracy in 2023 (according to the Global Democracy Index). It presents the circumstances and secretive behaviours of the ruling elite of this period, including changes in the area of the judiciary, including the constitutional judiciary, remodelling of the control of the correctness of the electoral process, changes and politicization of the electoral administration and the prosecutor’s office, politicization of an independent public broadcaster with the introduction of newspeak and brutalization of the public language, adoption of the facade role of the parliament, as well as violation of the standards of transparency and political corruption leading to the formation of constitutional decision making, detached from – it seemed – the well-established constitutional identity with its fundamental values defining it.

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Publication Details

Journal
Studia Politologiczne
Published
2024-12-30
DOI
https://doi.org/10.33896/spolit.2024.74.12
Primary Topic
Polish Law and Legal System
Type
article
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article

Modus Operandi of the Erosion of the Rule of Law in Poland – Experience in 2015–2023

Michał Mistygacz
Studia Politologiczne
Polish Law and Legal System
article

Modus Operandi of the Erosion of the Rule of Law in Poland – Experience in 2015–2023

Michał Mistygacz
article en

Abstract

The author of this article attempts to diagnose the changes in Polish constitutional democracy taking place in 2015–2023, and at the same time tries to select and catalogue violations of systemic practice, leading to the erosion of the rule of law, ultimately resulting in the recognition of Polish constitutional democracy as a defective democracy in 2023 (according to the Global Democracy Index). It presents the circumstances and secretive behaviours of the ruling elite of this period, including changes in the area of the judiciary, including the constitutional judiciary, remodelling of the control of the correctness of the electoral process, changes and politicization of the electoral administration and the prosecutor’s office, politicization of an independent public broadcaster with the introduction of newspeak and brutalization of the public language, adoption of the facade role of the parliament, as well as violation of the standards of transparency and political corruption leading to the formation of constitutional decision making, detached from – it seemed – the well-established constitutional identity with its fundamental values defining it.

Studia Politologiczne(4/2024(74))
Openalex Percentile: Top 58%
Polish Law and Legal System
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Modus Operandi of the Erosion of the Rule of Law in Poland – Experience in 2015–2023 — Michał Mistygacz · Studia Politologiczne (2024) | TGRS Research Map | TGRS