The article critiques a recent contribution to the ongoing debate about the judicial interpretation of the rule of law in Poland, calling it ideologically driven.
In a recent article published in 'Rzeczpospolita', professor Marta Romańska of the Supreme Court of Poland engages in the contentious dialogue surrounding the concept of 'rule of law' in the country. Załucki argues that Romańska’s commentary, rather than serving as a neutral analysis, appears to reflect a determined vision held by a specific group of legal professionals. He notes that her positioning as a rational mediator is undermined by what he perceives as a politically charged agenda disguised in legal jargon.
Załucki asserts that Romańska's claim that Poland has yet to embark on the path of restoring the rule of law hinges on the prerequisite of legislative actions aligned with particular expert groups' views. This assertion implies that rule of law is contingent upon the political alignment of those in power, effectively framing it as a tool contested by opposing factions within Polish society. In doing so, he highlights a broader conflict regarding legal interpretations and the legitimacy of governing structures, suggesting that rule of law has become a battleground for ideological struggles rather than a universal principle.
The implications of this debate extend beyond academic discourse, as it reflects a significant national conflict that influences political legitimacy and governance in Poland. As the dialogue progresses, the tension between differing interpretations of rule-of-law principles could shape future legal frameworks and political cohesion, impacting how justice is administered in the country. Załucki’s critique serves as a reminder of the challenges facing Poland amid ongoing legal and political transformations, emphasizing the need for a balanced approach that transcends mere ideological posturing.
