Strategic Litigation in a Time of Populism: Poland’s Experience
For strategic litigation, the existence of independent judicial institutions is a prerequisite. In this Article, based on the case of Poland, I analyze what happens when some domestic judicial institutions are weakened and how this affects the ability of different stakeholders to engage in strategic...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2024-08-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832224000622/type/journal_article |
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| _version_ | 1832589517098319872 |
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| author | Adam Ploszka |
| author_facet | Adam Ploszka |
| author_sort | Adam Ploszka |
| collection | DOAJ |
| description | For strategic litigation, the existence of independent judicial institutions is a prerequisite. In this Article, based on the case of Poland, I analyze what happens when some domestic judicial institutions are weakened and how this affects the ability of different stakeholders to engage in strategic litigation. I argue that strategic litigation was an important tool used by civil society and crucial for countering democratic backsliding in Poland in 2015–2023. In addition to traditional actors involved in strategic litigation in Poland, new ones have joined—such as the Human Rights Commissioner (the “Ombudsman”) or increased their involvement—such as corporate actors. Also, the prosecution office, controlled by the populist government, became active in litigation conducted by right-wing NGOs. Paradoxically, the rule of law crisis also resulted in the popularization of strategic litigation before the Court of Justice of the European Union and some domestic courts, which began to apply the Constitution directly. |
| format | Article |
| id | doaj-art-02f288f407f84da69ab9c0198ced2de3 |
| institution | Kabale University |
| issn | 2071-8322 |
| language | English |
| publishDate | 2024-08-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj-art-02f288f407f84da69ab9c0198ced2de32025-01-24T12:49:04ZengCambridge University PressGerman Law Journal2071-83222024-08-012589390910.1017/glj.2024.62Strategic Litigation in a Time of Populism: Poland’s ExperienceAdam Ploszka0https://orcid.org/0000-0002-9116-7679University of Warsaw, Warsaw, PolandFor strategic litigation, the existence of independent judicial institutions is a prerequisite. In this Article, based on the case of Poland, I analyze what happens when some domestic judicial institutions are weakened and how this affects the ability of different stakeholders to engage in strategic litigation. I argue that strategic litigation was an important tool used by civil society and crucial for countering democratic backsliding in Poland in 2015–2023. In addition to traditional actors involved in strategic litigation in Poland, new ones have joined—such as the Human Rights Commissioner (the “Ombudsman”) or increased their involvement—such as corporate actors. Also, the prosecution office, controlled by the populist government, became active in litigation conducted by right-wing NGOs. Paradoxically, the rule of law crisis also resulted in the popularization of strategic litigation before the Court of Justice of the European Union and some domestic courts, which began to apply the Constitution directly.https://www.cambridge.org/core/product/identifier/S2071832224000622/type/journal_articlestrategic litigationcivil societyjudgeslegal practicePoland |
| spellingShingle | Adam Ploszka Strategic Litigation in a Time of Populism: Poland’s Experience German Law Journal strategic litigation civil society judges legal practice Poland |
| title | Strategic Litigation in a Time of Populism: Poland’s Experience |
| title_full | Strategic Litigation in a Time of Populism: Poland’s Experience |
| title_fullStr | Strategic Litigation in a Time of Populism: Poland’s Experience |
| title_full_unstemmed | Strategic Litigation in a Time of Populism: Poland’s Experience |
| title_short | Strategic Litigation in a Time of Populism: Poland’s Experience |
| title_sort | strategic litigation in a time of populism poland s experience |
| topic | strategic litigation civil society judges legal practice Poland |
| url | https://www.cambridge.org/core/product/identifier/S2071832224000622/type/journal_article |
| work_keys_str_mv | AT adamploszka strategiclitigationinatimeofpopulismpolandsexperience |