Reinstating the Rule of Law : Challenges, Dilemmas and Strategies in Poland and Beyond

This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order.

Drawing on the case of Poland’s democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State.

After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states’ transitions to come.

Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.

The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.