Accountability of Constitutional State Organs in the Context of a Rule of Law Crisis
More about the research objective
The research group aims to analyse the responsibility of constitutional state organs in Poland amidst the growing rule of law crisis, which includes weakened constitutional control, the subordination of the judiciary, difficulties in enforcing court rulings, and the manipulation of accountability mechanisms. The central question is whether existing legal frameworks—both national and international—effectively hold state authorities accountable when their actions, despite being legally formal, violate fundamental constitutional principles. The research will focus on three interrelated pillars: constitutional responsibility under the Polish Constitution, the criminal, civil, and administrative accountability of public officials, and international responsibility for breaches of international law.
The constitutional pillar will explore mechanisms such as the State Tribunal and examine the scope of constitutional responsibility, while the criminal and administrative pillar will address abuse of power and the challenges in establishing intent. The international pillar will assess accountability for violations of human rights and treaty law, including potential gaps in international law regarding constitutional coups. The intersections between these pillars, such as the relationship between immunity and liability or the influence of international rulings on domestic proceedings, will also be examined. Ultimately, the research group aims to critically evaluate Poland’s existing accountability mechanisms and propose reforms, including strengthening constitutional responsibility, improving transparency, and counteracting the politicization of accountability systems.
Professors in the research group
group leader
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