RULE OF LAW, REPUBLIC OF POLAND AND EUROPEAN COURT OF HUMAN RIGHTS

We have witnessed a set of legal reforms in Poland that have profoundly transformed its judicial system. First, these reforms have neutralized the Constitutional Court, transforming it into a body made up of a group of judges who legitimate any controversial legislative reform, among them, those related to justice. Second, these reforms have been aimed at transforming the Judicial Branch into a mere Justice Administration that acts as an instrument of power. The situation of justice in Poland has provoked the reaction of different bodies and institutions. This paper analyzes the case-law of the European Court of Human Rights about the breach of the Rule of Law by the Republic of Poland.