Civil Society Organizations for and with the Courts and Judges—Struggle for the Rule of Law and Judicial Independence: The Case of Poland 1976–2020

AbstractDuring the rule of law backsliding crisis in Poland since late 2015, Civil Society Organizations (CSOs) have been active in the struggles to defend judicial independence. CSOs cooperate closely with judges and support their ‘judicial resistance’. This Article has three main objectives: describe and analyze the relationship between judges and CSOs; show the evolution — both continuity and discontinuity in their relations over time; assess whether CSOs’ activities are of any practical significance and therefore worth attention. The CSO-judicial relationship is analyzed for three periods: 1976–1989, the years before the transformation of Poland from a ‘people’s republic’ to a democracy; 1989–2015, the time of building liberal democracy and the rule of law; 2015–2020, the time of defending the rule of law from a populist attack.Drawing on sources including years of participant observation providing unique and insider knowledge, the author analyzes the activities and outputs of CSOs and judges focusing on their interactions and cooperation. The author argues that CSOs play a significant role in the struggle for the rule of law and judicial independence. This Article demonstrates that CSOs’ current engagement and input is not an extraordinary, ad hoc phenomenon, but rather one that arose from the previous interactions between the judiciary and civil society. The author argues that what we witness in Poland is an unprecedented phenomenon, both in the character of the relationship between judges and CSOs, and the scale and diversity of their cooperation. At the same time, the author claims that CSOs are underappreciated, including by academia, their work is taken for granted, and their role in the legal complex can be seen as a partly lost opportunity. If noticed, appreciated, and supported CSOs activities and their role could be more meaningful.

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The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM

Defending Checks and Balances in EU Member States - Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ◽

10.1007/978-3-662-62317-6_17 ◽

2021 ◽

pp. 431-442

Author(s):

Catherine Dupré

Keyword(s):

Rule Of Law ◽

Human Dignity ◽

Judicial Independence ◽

Fair Trial ◽

Mutual Trust ◽

The Rule Of Law ◽

The Right ◽

The Relationship ◽

The Eu

AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.

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Rule of Law and Its Guidelines and Indicators for Judiciary in Human Rights Issues

Journal of Politics and Law ◽

10.5539/jpl.v10n1p98 ◽

2016 ◽

Vol 10 (1) ◽

pp. 98

Author(s):

Ebad Rouhi ◽

Leila Raisi Dezaki ◽

Mahmoud Jalali Karveh

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Separation Of Powers ◽

Judicial Independence ◽

Public Law ◽

Judicial System ◽

The Rule Of Law ◽

The Relationship ◽

Domestic Level ◽

Rights Issues

The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light of exercise of these guidelines human rights are better protected and promoted.These instructions and guidelines generally are provided in international and regional human rights instruments to enforce in every sector of the state and especially for judges and judicial power to protection and promotion of human rights. This article investigates the relationship between rule of law and judicial system to introduce some measures and indicators of the rule of law to enforce them in the judiciary for better protection and promotion of human rights.

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The Principles of Constitutionalism

10.1093/oso/9780198808145.001.0001 ◽

2018 ◽

Cited By ~ 6

Author(s):

N. W. Barber

Keyword(s):

Civil Society ◽

Rule Of Law ◽

Separation Of Powers ◽

Limit State ◽

Well Being ◽

The State ◽

The Rule Of Law ◽

Constitutional State ◽

The Relationship

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles—sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society—casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

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Community policing as characteristic of the modern state governed by the rule of law

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia ◽

10.35750/2071-8284-2019-4-26-36 ◽

2019 ◽

Vol 2019 (4) ◽

pp. 26-36

Author(s):

Kirill Lavrinovich

Keyword(s):

Civil Society ◽

Law Enforcement ◽

Public Relations ◽

Rule Of Law ◽

Community Policing ◽

The State ◽

Practical Significance ◽

Modern State ◽

The Rule Of Law ◽

The Law

The relevance of the research topic are conditioned by the theoretical and practical significance of issues affecting the theoretical, methodological, sociopolitical and practical aspects of the problem of the interaction between the police and civil society institutions in the state governed by the rule of law. These questions are connected with the need to comprehend modern practice to develop new conceptual provisions and dogmatic decisions that are appropriate to the modern conditions. During historiographical analysis it was revealed that the experience of interaction between the police and civil society institutions in the modern states governed by the rule of law in the implementation of the law enforcement function of the state has not been adequately studied and evaluated. The object, subject and purpose of the study were determined in accordance with the current state of legal science. The object of the study was public relations that arise in the field of ensuring the protection of public order, freedom and security of society, state and individual. Police that carries out law enforcement activities on a professional basis and citizens who are actively involved in the implementation of the law enforcement function in the modern state are the subjects of these public relations. Ideas about the main directions and forms of cooperation between police and citizens in the implementation of the law enforcement function of modern states have formed the subject of research. The aim of the study was theoretical and legal analysis of the concept of community policing, which today is the basis for the interaction between the police and civil society institutions in the implementation of the law enforcement function in many modern states. The research methodology was a combination of general scientific (historical, systemic and functional) and special (formal-legal, historical-legal, sociological, comparative state science) methods. The result of the study was the conclusion that the concept of community policing is based on the activities of authorized police agencies to implement the law enforcement function in a modern state governed by the rule of law. These activities are aimed at implementing a model of social partnership and focused on solving specific problems that arise in society.

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Putting democracy at the heart of the EU’s Russia strategy

European View ◽

10.1177/17816858211011781 ◽

2021 ◽

Vol 20 (1) ◽

pp. 63-71

Author(s):

Roland Freudenstein

Keyword(s):

Civil Society ◽

Rule Of Law ◽

High Time ◽

Member States ◽

The Rule Of Law ◽

The Relationship ◽

The Eu

It is high time for a fundamental review of the EU’s strategy towards Russia. After years of fruitless attempts to ‘reset’ relations with Moscow through a kind of engagement that has all too often ended up in appeasement, the EU and its member states should prepare for a long stand-off and put democracy at the centre of the relationship. This means doing better at defending our democracy against hostile interference from the Kremlin, strengthening democratic movements and the rule of law in the EU’s Eastern neighbourhood, supporting Russia’s civil society with more determination and creativity, and mentally preparing for a democratic post-Putin Russia. In short, we have to offer more help to Russia’s democrats and be more confrontational with the Kremlin. All this has to happen in close coordination with our transatlantic allies and as part of a global effort to support democrats and defend democracy against authoritarianism.

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Testing Todd: family types and development

Journal of Institutional Economics ◽

10.1017/s1744137421000175 ◽

2021 ◽

pp. 1-18

Author(s):

Jerg Gutmann ◽

Stefan Voigt

Keyword(s):

Rule Of Law ◽

Civil Society Organizations ◽

The Rule Of Law ◽

State Fragility ◽

Family Types ◽

Low Levels ◽

Parsimonious Model ◽

The One ◽

High Level

Abstract Many years ago, Emmanuel Todd came up with a classification of family types and argued that the historically prevalent family types in a society have important consequences for its economic, political, and social development. Here, we evaluate Todd's most important predictions empirically. Relying on a parsimonious model with exogenous covariates, we find mixed results. On the one hand, authoritarian family types are, in stark contrast to Todd's predictions, associated with increased levels of the rule of law and innovation. On the other hand, and in line with Todd's expectations, communitarian family types are linked to racism, low levels of the rule of law, and late industrialization. Countries in which endogamy is frequently practiced also display an expectedly high level of state fragility and weak civil society organizations.

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Reflections on the Relationship between the Government and Civil Society Organizations during the Covid-19 Pandemic: The Israeli Case

Nonprofit Policy Forum ◽

10.1515/npf-2021-0003 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Hillel Schmid

Keyword(s):

Health Economic ◽

Civil Society ◽

Interest Groups ◽

Financial Support ◽

Strategic Behavior ◽

Modern Society ◽

Civil Society Organizations ◽

Power Dependence ◽

The Government ◽

The Relationship

Abstract The paper analyzes the relations between the government and Civil Society Organizations (CSOs) during the COVID-19 pandemic in Israel. The paper presents the inconsistent policy of the government, which has been influenced by various interest groups and the very limited financial support allocated to CSOs during the health, economic and social crisis. The paper describes the government’s alienated attitude toward the CSOs as well as the reasons for that behavior. Special attention is devoted to the government’s misunderstanding of the mission and roles of CSOs in modern society, especially at times of crisis and national disasters. The paper also analyzes the organizational and strategic behavior of CSOs toward the government, which has also contributed to the alienated attitude of the government toward them. I argue that relations between CSOs and the government should be based on more trust, mutuality, and understanding on the part of both actors in order to change power-dependence relations, and that there is a need to establish more cross-sectoral partnerships for the benefit of citizens.

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Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽

10.1017/s096392680001292x ◽

1998 ◽

Vol 25 (3) ◽

pp. 289-301 ◽

Cited By ~ 8

Author(s):

R.J. Morris

Keyword(s):

Civil Society ◽

Rule Of Law ◽

Free Market ◽

Central Place ◽

Historical Evidence ◽

The Rule Of Law ◽

Political Relationships ◽

The Social ◽

Making Choices ◽

Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

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