OER Osteuropa Recht

The dramatic changes in Poland after the 2015 presidential and parliamentary elections took many by surprise, both because of the speed and the depth of the changes, paralysing the Constitutional Tribunal and transforming it into a “positive...

In 2018 the populist right-wing authoritarian Fidesz, after eight years of dismantling the rule of law and democracy, won the parliamentary election by two-thirds, in a greatly unfair election. The release from authoritarianism through elections...

This article raises questions in the context of the tension between the activities of parliament and government on the one hand and constitutional courts on the other hand. As to this tension, it concludes that the manner and method of...

This contribution discusses the reasons for the ongoing deconstruction of the judiciary in Poland by a parliamentary majority - elected by a minority - changing the entire system. How could that have happened in a nation governed by the rule of law...

In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse...

Judicial independence within the framework of the rule of law is a broad, complex and controversial subject, which is especially true of France, because of the country’s particular attitude to justice since the French Revolution, and even before...

The crisis of the rule of law is a threat rather than a real and present danger. The rule of law has many facets and it is firmly rooted in European thought. The current situation in Central and East European countries is, rather, an erosion of...

In the context of the legitimacy of the justice system and respect for fundamental values, such as judicial independence and impartiality, accessibility to the justice system, efficiency, fairness, and public confidence in the courts, this article...

The current legal changes in Eastern and Central Europe leading to illiberal regimes are raising fundamental questions about the nature of the legitimacy of these regimes. While constitutional democracies rely on legitimacy originating from the...

The European Commission for Democracy through Law - better known as the Venice Commission - is the Council of Europe’s advisory body on constitutional matters. In this article, the existence of serious threats to the rule of law will be elaborated...