Uznawanie orzeczeń sądów w czasach kryzysu konstytucyjnego w Polsce – czyli „Problem donosiciela” bez problemu donosicieli

Abstrakt

ON THE RECOGNITION OF COURT’S JUDGMENTS DURING THE CONSTITUTIONAL CRISIS IN POLAND – „THE PROBLEM OF THE GRUDGE INFORMER” WITHOUT THE PROBLEM OF THE GRUDGE INFORMERS

Many actions of the political officials of the VIII and IX cadences of the Polish Parliament (between 2015 and 2023) resemble the literary fiction of Lon L. Fuller, “The Problem of the Grudge Informers”. The current state of affairs in Poland – a constitutional crisis – represents a pattern with inevitable consequences and dilemmas that could have been anticipated. In the paper, some aspects of literary fiction in question will be compared to the Polish political and legal reality. It will be argued that there are a lot of similarities, even if Fuller’s fiction is way crueler. Even though it’s a matter of degree, this does not change the fact that currently, after the change of government, pro-democratic politicians and other officials face the difficult task of dealing with the consequences of reforms that raise legal doubts. In the area of the justice system, a significant problem is whether judgments issued by judges, whose legitimacy to adjudicate is being questioned, should be deemed or not. The text will utilize proposals from four of the five Fullerian deputies of the Minister of Justice to illustrate how officials of the Polish legal system are approaching the problem in question.