RULE OF LAW AS A BOGEYMAN. THE CASE OF POLAND

The concept of the rule of law was introduced into the Polish constitutional order in 1989. It was then decided that the Republic of Poland shall be a democratic state ruled by law. That principle has been developed in the case-law of the Constitutional Court and has been widely acknowledged by scholarly works. It soon became one of the fundamental values of a developing democratic state. In joining the European Union in 2004, Poland assumed a responsibility to respect laws and values on which the European Union is based, including the rule of law. Until recently, this did not give cause for concern. However, with the rise to power of populist party Prawo i Sprawiedliwość (eng. Law and Justice), rule of law has become the main cause of conflict between Poland and the European Union. The aim of my paper is to describe the Government’s position, as well as real reasons behind this conflict, recent developments in that regard, and to show possible measures available to it in order to have this matter resolved.