Protection of human rights in times of constitutional crisis
„Protection of human rights in times of constitutional crisis in Poland” is the title of the lecture delivered by dr. Adam Bodnar at the Albert Ludwik University in Freiburg. The meeting was organised by Arbeitkreis Kritischer Juristen und Juristinnen Freiburg - student's association of the Law Faculty in Freiburg.
Adam Bodnar said i.a. theat since December 2015, Poland has been going through a constitutional crisis related to the functioning of the Constitutional Tribunal. The crisis poses a serious threat to the rule of law, democracy and human rights protection - The Commissioner for Human Rights submits over 20 applications in various cases every year. Every new regulation effectively paralyzes Tribunal, i.e. the introduction of a veto that allows four judges to postpone hearing a case guarantees the constant possibility of not hearing those cases inconvenient to the court and the leaders of the ruling party. The rights would become an element of the political diktat and not a reliable and independent constitutional reflection. Despite these unfortunate events, the judiciary should continue to be a stronghold of the legal order, however challenging the times may be. Now we should constantly refer to international solutions – international human right courts, agreements and commitments - and there look for tools to protect rule of law.