A Constitutional Moment for the European Rule of Law - Upcoming Landmark Decisions Concerning the Polish Judiciary

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-10

Published as: A potential constitutional moment for the European rule of law – The importance of red lines. In: Common Market Law Review, 55 (2018) 4, S. 963-996

17 Pages Posted: 22 Jun 2018 Last revised: 4 Jun 2020

See all articles by Armin von Bogdandy

Armin von Bogdandy

Max Planck Institute for Comparative Public Law and International Law

Piotr Bogdanowicz

Warsaw University - Faculty of Law and Administration

Iris Canor

Independent

Maciej Taborowski

University of Warsaw - Faculty of Law and Administration

Matthias Schmidt

Max Planck Institute for Comparative Public Law and International Law

Date Written: June 20, 2018

Abstract

Europe is set to witness a ‘constitutional moment’. At issue is whether illiberal democracies become part of the European public order as laid out in Article 2 TEU, or are opposed by it. In the first case, the conventional self-understanding of Europe can no longer be maintained because the European rule of law would accept what is happening at present in Poland, where the wilfull subversion of judicial independence is uprooting the separation of powers. In the second case, the European rule of law would be supplemented by ‘red lines’. This paper shows how European institutions should react, not least in the LM case.

Keywords: Article 2 TEU, European rule of law, constitutional moment, Poland, independence of the judiciary, LM case

Suggested Citation

von Bogdandy, Armin and Bogdanowicz, Piotr and Canor, Iris and Taborowski, Maciej Henryk and Schmidt, Matthias, A Constitutional Moment for the European Rule of Law - Upcoming Landmark Decisions Concerning the Polish Judiciary (June 20, 2018). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-10, Published as: A potential constitutional moment for the European rule of law – The importance of red lines. In: Common Market Law Review, 55 (2018) 4, S. 963-996, Available at SSRN: https://ssrn.com/abstract=3199809 or http://dx.doi.org/10.2139/ssrn.3199809

Armin Von Bogdandy (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

Piotr Bogdanowicz

Warsaw University - Faculty of Law and Administration ( email )

Warszawa
Poland

Iris Canor

Independent ( email )

Maciej Henryk Taborowski

University of Warsaw - Faculty of Law and Administration ( email )

Warszawa
Poland

Matthias Schmidt

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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