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The rule and the Power of Law: Foundation of the European Union


On March 19, 2019, at the Sobański Palace in Warsaw, a seminar entitled “The rule and the Power of Law: Foundation of the European Union” was held. It was organized by Professor Danuta Hübner. Event partners were: ICS, The Osiatyński Archive, OKO.press, Polityka Magazine, and the League of Warsaw High Schools.

 

Taking part as speakers in the meeting were: Dr. Adam Bodnar (Polish Ombudsman), Dr. Borys Budka (member of the Polish parliament and former Justice Minister), Professor Ewa Łętowksa (retired judge of the Constitutional Tribunal), Professor and Doctor of Science Marcin Matczak (the Department of Law and Administration at the University of Warsaw).

The idea of the seminar grew out of Professor Hübner’s conviction that we need an honest and objective debate on the state of the rule of law in Poland as an element of our presence in the European Union, as well as a widening of the spectrum of citizen engagement in the protection of democratic values.

Professor Hübner stated that, for the rule of law to be effective — especially in the event of a threat to basic values — it needs to be strengthened through the power of law, which is represented by the European Court of Justice in Luxembourg.

During the panel discussion, Dr. Adam Bodnar pointed out the disturbing fact that Poland occupies a repeatedly lower position on the Rule of Law Index. Presently, it is in 27th place. He then added that this position needs to be rebuilt. Professor Ewa Łętowska warned against what she called “swindle by label," which is when the governmental authorities apply a legal explanation that induces effects incompatible with the intention of established law. Professor Marcin Matczak drew attention to the fact that an axiological fight between law and values exists in Poland. When we defend the rule of law, it is not enough to protect values in and of themselves, but to show their potential as a tool to implement other values, such as European identity (for example). We must be able to explain what the rule of law is for — that it is not an abstract idea that is removed from our everyday life, but a vital channel to implement our aspirations. Only in this way can we defeat populism, he added.

Dr. Maciej Taborowski pointed out that the protection of the rule of law by the European Court of Justice is closely related with the supranational character of the EU system. A strike to the courts is a strike to the very core of the union’s system.

After the panel, an interesting discussion with audience participation arose, and it included representatives of the legal field, social organizations and scientists.

Summing up the seminar, Professor Hübner stated that it is very important to be able to debate in an atmosphere of freedom. Further discussion about the relation between the rule of law as a value in and of itself in the context of other, desirable societal values, such as justice, participation and inclusivity, is important to the quality of our public arena. - For justice can be imposed as a top down discourse and, from her particular understanding, is often politicized. This is the way it is now. The rule of law and the application of law cannot be strongly political. We must take care to balance the relation between the rule of law and the power of the law so that structural and moral aspects are in harmony with each other, and not in a state of constant confrontation and tug of war. She ended by saying that that these are huge challenges, that we have defined them, that we know what to correct and that we still need to work out how to do so.