Ordo Iuris Institute for Legal Culture - Scientific Press
Wydawnictwo Naukowe Instytutu na rzecz Kultury Prawnej Ordo Iuris publikuje recenzowane prace naukowe oraz opracowania o bardziej ogólnym lub popularyzatorskim charakterze. Wydawane dzieła dotyczą nauk prawnych, społecznych i humanistycznych.
Wydawnictwo Naukowe Instytutu na rzecz Kultury Prawnej Ordo Iuris
Functioning of the media market in Poland and other selected European countries
The media constitute a foundation of public life—they create a space for the exchange of views and shape public opinion. Excessive concentration of ownership may lead to a limitation of pluralism and, consequently, weaken fundamental civil liberties. This monograph addresses this important issue, demonstrating that the media sector should be treated as a strategic area of the state, much like energy or national defense. The authors analyze the functioning of the media market in Poland against the backdrop of selected European countries, using both legal and comparative methods. They point out that in Europe we are witnessing the growing dominance of large media entities, often linked to foreign capital. Poland represents a particular case here—the lack of effective anti-concentration regulations has led to a significant share of foreign corporations in the domestic media system. Market data confirm a high level of concentration in television, radio, and the press, as well as the phenomenon of cross-media ownership. Compared to countries such as Germany or France, which apply more restrictive regulations, Polish legislation appears insufficient and ineffective in protecting pluralism. The authors propose specific solutions, including limits on market share and oversight of foreign capital. The monograph constitutes an important contribution to the debate on the role of the media in the modern state and prompts reflection on the need for legislative changes. It shows that the absence of appropriate regulations may lead to a weakening of informational sovereignty and a deterioration in the quality of public debate. At the same time, the authors encourage further discussion, emphasizing that the future of independent and pluralistic media requires deliberate legislative decisions.
Copyright (c) 2026 Ordo Iuris Institute for Legal Culture - Scientific Press https://creativecommons.org/licenses/by-sa/4.0
The impact of the European Green Deal on Polish households
The “Green Deal” is a set of European Union policies aimed at reducing greenhouse gas emissions and achieving climate neutrality by 2050. An important intermediate step is cutting emissions by at least 55% by 2030 under the “Fit for 55” package. The implementation of these measures will be particularly noticeable for Poland due to its energy structure. The transition involves very high costs for the economy and additional burdens on citizens, including higher fees for heating and transportation. New requirements for renovating and constructing buildings may also make the housing market more difficult. The report indicates that the European Green Deal brings significant economic and social consequences that will particularly affect Polish families.
Copyright (c) 2025 Ordo Iuris Institute for Legal Culture - Scientific Press https://creativecommons.org/licenses/by-sa/4.0
The handbook presents the role of chaplains in healthcare institutions, emphasizing that their work complements medical treatment by providing spiritual, psychological, and existential support to patients and their families. Chaplains assist in crisis situations, accompany patients throughout illness, support medical staff, and help communicate difficult information, thereby fulfilling the Christian concept of caritas. The publication explains the legal foundations of pastoral care in hospitals, highlighting that it derives directly from the constitutional protection of freedom of religion and statutory patient rights. Every patient has the right to contact a minister of their faith, participate in religious practices, and receive sacraments, while healthcare institutions are obliged to ensure access to these services, especially in life-threatening situations. Finally, the authors analyze the limits of such care, stressing that any restrictions must be based on statutory law and remain proportionate. A total ban on pastoral care is impermissible—even during an epidemic—while, at the same time, the rights of patients who do not wish to receive such care must be respected, ensuring full protection of freedom of conscience for all individuals.
Copyright (c) 2021 Ordo Iuris Institute for Legal Culture - Scientific Press https://creativecommons.org/licenses/by-sa/4.0
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 gap-3 standard-markdown"> Is religious freedom in Poland under threat? The publication by the Ordo Iuris Institute, edited by Łukasz Bernaciński and Bartosz Zalewski, poses this question head-on — and answers it with full legal precision. The starting point is a widely noted statement by a politician announcing that Catholics would be "sawed down" from their privileges. The authors demonstrate that this was no isolated incident, but part of a broader secularization agenda. Twelve essays examine specific demands put forward by the left: a ban on confession, the removal of religious education from schools, the elimination of the conscience clause, crosses from public spaces, and chaplains from hospitals. Each is assessed against the Polish Constitution, international law, and the case law of the Strasbourg Court. The perspective is further enriched by historical studies — on revolutionary France, Mexico, and Ireland. Through this publication, readers will gain solid arguments and tools to distinguish political rhetoric from the actual boundaries of the law.
Copyright (c) 2023 Ordo Iuris Institute for Legal Culture - Scientific Press https://creativecommons.org/licenses/by-sa/4.0
Opinion on selected provisions of the presidential bill on restoring the right to a fair trial and the right to have one's case heard without undue delay
The presidential bill on restoring the right to a fair trial addresses real problems affecting the Polish justice system. Ordo Iuris Institute experts Łukasz Bernaciński and Jędrzej Jabłoński subject it to rigorous legal analysis, identifying both its strengths and weaknesses. The authors acknowledge that the bill accurately diagnoses the crisis in the Polish judiciary, yet contains provisions that raise serious constitutional concerns. Particularly controversial is the mechanism by which a judge's employment relationship terminates by operation of law — which, in the authors' view, violates Article 180 of the Polish Constitution, guaranteeing the irremovability of judges. The bill also contains numerous statutory superflua and requires a thorough overhaul of its overall structure. Can the bill, in its current form, restore the health of the Polish justice system? Or does it require fundamental restructuring before it comes to a vote in the Sejm? The answers to these questions — along with specific recommendations for the bill's sponsor — are set out in this opinion.
The role of the President of the Republic of Poland in the procedure for assuming the position of a judge of the Constitutional Tribunal
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 gap-3 standard-markdown"> Is the President of the Republic of Poland merely a ceremonial notary, or an active guardian of the Constitution? This question takes on particular significance in the face of the ongoing dispute over the composition of the Constitutional Tribunal. The authors analyze the constitutional position of the head of state in the procedure for appointing Tribunal judges from both a legal and constitutional perspective. The publication demonstrates that the oath of office taken before the President is not merely ceremonial — it is a necessary condition for assuming the position of a Constitutional Tribunal judge. Moreover, the President may, in justified cases, delay accepting the oath or even refuse it altogether — when the Sejm's selection raises serious constitutional concerns. The authors examine the Constitutional Tribunal's case law and reference specific historical precedents. This study is important reading for anyone seeking to understand the mechanisms of the separation of powers in Poland. In times of systemic destabilization, knowledge of constitutional procedures becomes a civic duty.
Every child needs love, security, and a real home. Thousands of children in Poland are still waiting for a family — while many adults carry a deep longing for parenthood. Adoption can bring these two worlds together. This publication is a comprehensive guide to the adoption process — from the very first decision to the final court ruling. The authors explain in accessible language the types of adoption, the principles of foster care, the requirements for prospective parents, and the most common myths and concerns. They walk the reader through the entire procedure step by step, without shying away from the more complex legal and psychological aspects. The handbook was created as part of the "Advocate for the Little One" program — an initiative of the Ordo Iuris Institute and the Center for Life and Family. The read is also an invitation to join a community of people who believe that every child deserves a home.
Finding a way out of Poland's rule-of-law crisis
On December 13, 2023, Poland entered a phase of unprecedented legal chaos. The government of Donald Tusk, invoking the principles of "transitional justice," engaged in systemic violations of the Constitution — from undermining the status of judges, through the unlawful takeover of the prosecution service, to blocking the publication of Constitutional Tribunal rulings. The report by the Ordo Iuris Institute presents a precise roadmap for overcoming the rule of law crisis. Its authors, drawn from the legal and judicial community, identify concrete restorative measures and systemic reforms across eight key areas — ranging from the judiciary and the prosecution service to media freedom and religious education in schools. The rule of law is not an abstraction — it is the foundation of security for each and every one of us. That is why this report is essential reading. By providing well-organized knowledge, charting a course for remedial action, and laying the groundwork for a cross-partisan dialogue on the shape of the justice system, it represents a significant contribution to the debate over the future of the constitutional state in Poland.
A thousand years of Poland's presence among the elite of European states
The monograph titled "A thousand years of Poland's presence among the elite of European states" is not only a record of a jubilee debate but, above all, a rigorous legal-historical analysis of the continuity of the Republic’s statehood. This work, the result of a conference held at the Constitutional Tribunal, represents a significant voice in the debate over whether modernity requires severing ties with one’s roots or, conversely, drawing strength from them to maintain agency on the international stage. The monograph’s main narrative focuses on the thesis that from the Congress of Gniezno to the present day, Poland has consistently been part of the elite circle of nations shaping Western civilization. The authors—renowned constitutionalists, legal historians, and political scientists—provide a thorough exegesis of the Polish contribution to European constitutionalism, legal culture, and political ethics founded on Christian principles. In light of the European identity crisis, this monograph serves as an essential compass for politicians, lawyers, and citizens for whom independence remains a paramount value. It is an encouragement to take pride in one’s heritage and, at the same time, a warning not to lose what constitutes the strength and sovereignty of the state in the process of integration.
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 gap-3 standard-markdown"> On December 13, 2023, Poland entered a phase of unprecedented legal chaos. The government of Donald Tusk, invoking the principles of "transitional justice," engaged in systemic violations of the Constitution — from undermining the status of judges, through the unlawful takeover of the prosecution service, to blocking the publication of Constitutional Tribunal rulings. The report by the Ordo Iuris Institute presents a precise roadmap for overcoming the rule of law crisis. Its authors, drawn from the legal and judicial community, identify concrete restorative measures and systemic reforms across eight key areas — ranging from the judiciary and the prosecution service to media freedom and religious education in schools. The rule of law is not an abstraction — it is the foundation of security for each and every one of us. That is why this report is essential reading. By providing well-organized knowledge, charting a course for remedial action, and laying the groundwork for a cross-partisan dialogue on the shape of the justice system, it represents a significant contribution to the debate over the future of the constitutional state in Poland.
Who is really raising your child? Marek Puzio's report asks this question in full seriousness and delivers troubling answers. By examining the phenomenon of permissive sex education, the author exposes the mechanisms that have been shaping children's minds across the Western world for years — and are now making inroads into Polish schools. The publication is a thorough, well-documented analysis of various sex education models — from traditional approaches to the so-called comprehensive model promoted by the WHO, UNICEF, and the UN. The author demonstrates that behind slogans of "equality" and "health" lies an ideological agenda: the relativization of biological sex, the normalization of sexual behaviors among the youngest children, and the systematic displacement of parents from their role as primary educators. The report draws on concrete examples from Poland and around the world. This is a valuable read for every parent, educator, and attorney who wants to engage thoughtfully in the debate over the future of education. Understanding the mechanisms of this "silent revolution" is the first step toward effectively defending the rights of the family.
Copyright (c) 2024 Ordo Iuris Institute for Legal Culture - Scientific Press https://creativecommons.org/licenses/by-sa/4.0
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 gap-3 standard-markdown"> Every difficult pregnancy is not a verdict — it is a challenge that can be faced with the help of others. The brochure "Dear Mother!" is a practical handbook for women who find themselves in crisis: expecting an unplanned child, receiving a diagnosis of a terminal illness, or feeling alone when confronting the hardest decisions of their lives. The publication describes in a clear and straightforward manner four key forms of support available in Poland: perinatal hospices offering free medical and psychological care, single mother shelters providing housing and social assistance, adoption centers supporting women considering placing their child for adoption, and baby hatches — the last resort for anonymous help. Each chapter includes specific contact information, addresses, and legal guidance. This guide was created with women in mind who need not words of comfort, but concrete solutions. Regardless of worldview or life circumstances — help exists and is within reach. It is worth knowing where to find it.
Parental Authority in Poland – Your Rights and Duties as a Parent
In an era of dynamic social change, understanding the foundations of parental authority is crucial for every guardian. The publication "Parental Authority in Poland – Your Rights and Duties as a Parent" serves as a reliable guide through complex regulations. It clearly explains how the Polish legal system protects the integrity and autonomy of the family from unjustified interference. The authors analyze constitutional and international guarantees that serve as a shield for parents. Special emphasis is placed on the priority of upbringing within the education system, reminding readers that parents have primacy in shaping their children's worldview. The publication explains the intricacies of the Family and Guardianship Code and education law, providing practical guidance for navigating relationships with educational institutions. This knowledge empowers parents to make effective and informed decisions regarding their children's future. Reading this publication is an investment in the legal security of your loved ones. An informed parent is better equipped to care for the best interests of the child by understanding the precise boundaries of their rights and duties.
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 gap-3 standard-markdown"> The European Green Deal is the most controversial legislative initiative of the European Union in recent years. This study by the Ordo Iuris Institute presents a chronological review of the most important decisions made since 2016, with particular emphasis on Poland's position. The report covers over 50 key moments – from the ratification of the Paris Agreement to the latest regulations adopted in 2024. The publication provides detailed documentation of the implementation process of the "Fit for 55" package, which contains revolutionary changes: a ban on the registration of combustion engine cars from 2035, mandatory thermal modernization of buildings to zero-emission standards, extension of the emissions trading system to transportation and heating, and reform of the Common Agricultural Policy. It also analyzes the evolution of the Polish government's stance – from initial acceptance of general climate goals in the European Council, through consistent voting against specific solutions in 2022-2023, to a more conciliatory position of the current government. The report presents the mechanisms of EU climate policy and its impact on Poland. It includes voting results, statements, and the practical consequences of adopted regulations for citizens and businesses.
On the millennium of Bolesław the Brave's coronation, Poland stands before a historic opportunity for profound renewal. Jerzy Kwaśniewski's original program diagnoses a deep crisis in state institutions and charts a path forward through decisive reforms. Drawing inspiration from the successes of Javier Milei's Argentina and the American Department of Government Efficiency, the publication proposes bold solutions organized into ten pillars. Among the proposed solutions are: radical reduction of bureaucracy, restoration of genuine judicial independence through democratic legitimization of judges, and implementation of the subsidiarity principle across all areas of public life. Key elements include: protection of inalienable rights, presumption of economic freedom, primacy of the family in raising children, and major strategic investments like the Central Transportation Hub. The program envisions moving away from EU centralization, building a strong bloc of Central European states, and affirming Christian identity as the foundation of national consensus. This is not merely a diagnosis – it's a concrete action plan for a patriotic government, ready for implementation. It demonstrates how Poland can become a leader of the freedom revolution in Europe.
The Crime of Defamation and Journalistic Freedom of Speech
div]:bg-bg-000/50 [&_pre>div]:border-0.5 [&_pre>div]:border-border-400 [&_.ignore-pre-bg>div]:bg-transparent [&_.standard-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.standard-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8 [&_.progressive-markdown_:is(p,blockquote,h1,h2,h3,h4,h5,h6)]:pl-2 [&_.progressive-markdown_:is(p,blockquote,ul,ol,h1,h2,h3,h4,h5,h6)]:pr-8"> _*]:min-w-0 standard-markdown"> The possibility of sentencing a journalist to even imprisonment for spoken words raises legitimate concerns about the boundaries of freedom of speech and the press. At the same time, these regulations remain essential for protecting individuals from unfounded defamation that can destroy their reputation and dignity. A new report by the Ordo Iuris Institute undertakes a comprehensive analysis of this difficult dilemma. The publication presents both the theoretical foundations of criminalizing defamation and the practical challenges associated with its application to journalists. The authors discuss in detail when a journalist may act under a justified mistaken belief about the truthfulness of allegations, and what standards of diligence they should maintain, and how to distinguish opinions from facts. The report includes an analysis of key rulings by the Constitutional Tribunal and the Supreme Court that define the boundaries of criminal liability. The study constitutes a valuable source of information for journalists, legislators, and lawyers interested in freedom of speech. It offers practical guidance for the media and concrete proposals for legislative changes that could eliminate the greatest doubts associated with the application of Article 212 of the Criminal Code.
White Paper on the European Green Deal (2nd ed.)
The European Green Deal is the most ambitious, yet most controversial, European Union legislative project of recent years. This publication provides readers with a comprehensive chronology of the actions taken by EU institutions to achieve the goal of climate neutrality by 2050, with a particular focus on the positions held by representatives of the Republic of Poland. The report covers key moments—from Poland’s signing of the Paris Agreement in 2016 and the adoption of the "Fit for 55" package to the latest European Commission proposals calling for a 90% reduction in emissions by 2040. The document provides a detailed analysis of the financial and social consequences of the Green Deal for Polish families and businesses. The report also offers an in-depth look at the stances of successive Polish governments—from the initial acceptance of general climate targets to the subsequent sharp criticism of specific legislative solutions, and finally, the more conciliatory approach of the current ruling coalition. This publication serves as an essential compendium of knowledge for anyone wishing to understand the mechanisms of EU climate policy and its real-world impact on Polish society and the economy.
Changes in the History Curriculum Framework for Elementary School – A Substantive and Comparative Analysis
The Ministry of National Education is preparing revolutionary changes in history teaching that could sever the nation's cultural continuity. Dr. Artur Górecki, former director of the Department of General Education at the Ministry, presents an analysis of the new curriculum framework project. Key elements of heritage are disappearing from the document: Byzantium, the beginnings of Islam, the Reformation, and the role of the Church during the partitions. Instead of concrete content – abstract "learning outcomes." Instead of knowledge about Latin civilization – an ideological vision of education detached from realistic anthropology. The author reveals how seemingly technical changes mask a deeper transformation: a shift from teaching truth and goodness toward value relativism, replacing wisdom with utilitarian competencies, and erasing the Christian roots of Europe. A comparative analysis of documents from 2017, 2024, and 2025 shows a consistent dismantling of historical education.
How to Use the Institutional Conscience Clause?
The publication was created in response to increasing political pressure and abortion lobbying efforts aimed at introducing mandatory abortion procedures in Polish hospitals. The document, structured as questions and answers, explains that physicians are not obligated to perform abortions, and hospitals as institutions possess a constitutional legal tool enabling them to refuse actions contrary to their institutional identity. A key element of the publication is demonstrating that a healthcare provider may invoke the conscience clause directly under Article 53, Section 1 in conjunction with Article 8, Section 2 of the Polish Constitution. Although statutory provisions explicitly regulate the conscience clause only for physicians, nurses, and midwives, the Constitutional Tribunal has confirmed that this right is a constitutional human right that also extends to legal entities. A healthcare provider may possess what is known as an institutional conscience, meaning an institutional identity that constitutes an ethical code determining the principles of the facility's operations. The guide describes in detail the formal procedure for invoking the clause. The second part of the publication analyzes the controversial regulation issued by the Minister of Health in May 2024, which mandates abortion performance by healthcare providers with National Health Fund contracts. The author convincingly argues that this regulation violates Article 68, Section 2, Sentence 2 of the Polish Constitution and exceeds the scope of statutory authorization. The publication serves as a comprehensive guide for healthcare facility management facing pressure to perform procedures contrary to their ethical convictions. The author consistently demonstrates that both public and private hospitals have a constitutionally guaranteed right to refuse to provide non-therapeutic services if they conflict with their institutional identity.
The European Union’s Migration Pact and border protection in questions and answers
Since 2021, Poland's border with Belarus—the EU's eastern frontier—has faced unprecedented migrant pressure orchestrated by Belarusian and Russian authorities as a "weapon of mass migration" to destabilize targeted countries. Modern international law lacks effective tools to counter this abuse of refugee protection obligations. The EU's Migration Pact—ten legislative pieces—fails to address border security. Instead, it assumes mass migration's inevitability and positive impact, focusing on efficient legalization and distributing the burden of hosting millions of illegal immigrants through a "solidarity mechanism". This approach won't resolve crises at EU's external borders. This report examines the Migration Pact's regulations and their implications for member states, while advocating for reforms to prevent international refugee obligations from being weaponized for destabilization.
The guide serves as a response to growing citizen activity at the borders of the Republic of Poland, particularly at the Polish-German border. Citizens are undertaking actions supporting the Border Guard, Police, and Polish Armed Forces in ensuring state security, focusing on countering illegal migration of individuals who do not meet the formal requirements for entry into the Schengen Area. The publication is practical in nature – it provides citizens defending the borders with essential knowledge about legal regulations and rules of conduct. Its purpose is to protect volunteers from criminal or civil liability and to ensure the legality of their actions. The authors emphasize that Poland should not be treated as a migration corridor, and that mass immigration prevents effective assimilation. The guide lists key principles that citizens should follow: prohibition against impersonating public officials, proportionality of actions, the right to citizen's arrest, and the possibility of invoking self-defense and necessity defense. It also emphasizes that all interventions must serve solely to support border services until their arrival.
March to the march! A handbook for public assembly participants.
Freedom of assembly is a cornerstone of democracy, guaranteed by the Polish Constitution and international conventions. Yet in practice, citizens increasingly face unlawful obstacles in exercising this right – from unjustified bans on assemblies to brutal crackdowns on peaceful protests. Examples of violations affect various groups: organizers of the Independence March, protesting farmers, pro-life demonstrations, and the transportation industry. Municipal authorities often base their decisions on political rather than legal grounds, while police interventions raise questions about their legitimacy. Although courts frequently rule in favor of organizers, justice comes post factum – after the assembly has already been dispersed. Legal education is the first step in defending constitutional freedoms. The Ordo Iuris Institute, together with the "Independence March" Association, has prepared a practical guide that equips organizers and participants of assemblies with knowledge of their rights and obligations.
Legal opinion on the absence of a requirement for the Prime Minister's countersignature of the President of the Republic of Poland's announcement regarding vacant judicial positions in the Supreme Court
The authors of this legal opinion indicate that the President of the Republic of Poland's announcement regarding vacant judicial positions in the Supreme Court does not require the signature of the Prime Minister. Were it otherwise, the government would gain veto power over the nomination procedure, which would undermine the constitutional independence of the judiciary. The document presents extensive argumentation based on rulings of the Constitutional Tribunal and resolutions of the Supreme Court. First, the announcement is merely an informational action that does not require countersignature. Second, even if it were considered an official act, it constitutes a derivative competence in relation to the presidential prerogative of appointing judges, and therefore is already exempt from the Prime Minister's signature on that basis. The opinion has direct implications for constitutional practice. It confirms that a countersignature requirement would violate the principle of separation of powers and the democratic rule of law.
proclamation of the President of the Republic of Poland
Taking back control from Brussels: the renationalization of the EU migration and asylum policies
The report analyzes the thirty-year operation of the European Union's common migration policy in terms of its effectiveness. The authors question whether the Union truly performs better than member states in achieving treaty objectives regarding border control, deportation of illegal immigrants, and conclusion of readmission agreements. The authors argue that the international legal framework from the 1950s does not correspond to contemporary migration realities. They present eighteen reform proposals, including: an opt-in/opt-out mechanism for member states modeled on Danish and Irish solutions, the possibility of temporary derogations from selected international obligations, and a revision of the interpretation of the non-refoulement principle. The document presents detailed legal and economic arguments in favor of restoring broader autonomy to member states in shaping migration and asylum policy.
Violations of the principles of the democratic state of law and the rule of law by the government of Donald Tusk after December 13, 2023
On December 13, 2023, a political experiment called "militant democracy" by Prime Minister Donald Tusk began in Poland. The new center-left coalition government, acting on the basis of ad hoc parliamentary resolutions and informal guidelines, created a revolutionary order of "transitional justice" that itself became an instrument of arbitrary power. After losing the presidential election on June 2, 2025, Prime Minister Tusk announced the continuation of existing practices, declaring he would govern "with a president attempting to block good changes." The report documents systemic violations including the right to life, freedom of religion, the right to a fair trial, and freedom of assembly. The authors present both constitutional violations in relations between constitutional state organs and direct infringements of citizens' freedoms and rights. This publication, enhanced with source documents and QR codes leading to the Rule of Law Observer portal, serves as a guide to facts that those in power prefer to pass over in silence. The report proves that when the authorities call their lawlessness "restoring the rule of law" and their fight against the will of the majority of citizens "militant democracy," the idea of the rule of law ceases to be a legal concept and becomes a political hostage.
On December 13, 2023, a political experiment named "militant democracy" by Prime Minister Donald Tusk began in Poland. The new center-left coalition government, operating on the basis of ad hoc parliamentary resolutions and informal guidelines, created a revolutionary order of "transitional justice" that itself became an instrument of arbitrary power. After losing the presidential election on June 2, 2025, Prime Minister Tusk announced the continuation of existing practices, declaring he would govern "with a president trying to block good changes." The report documents systemic violations including the right to life, freedom of religion, the right to a fair trial, and freedom of assembly. The authors present both constitutional violations in relations between constitutional state bodies and direct infringements on citizens' freedoms and rights. This publication, enriched with source documents and QR codes leading to the Rule of Law Observer portal, serves as a guide to facts that those in power prefer to silence. The report proves that when authorities call their lawlessness "restoring the rule of law" and the fight against the will of the majority of citizens "militant democracy," the idea of the rule of law ceases to be a legal concept and becomes a political hostage.
Reasons for opposing the concept of Foreigners Integration Centers
Over the past decade, Poland has become an immigration country, accepting foreigners from nearly all continents. However, mass immigration – implemented by both the governments of Mateusz Morawiecki and Donald Tusk – has proceeded without adequate legal preparation and control infrastructure. The government's response to the migration chaos is the Centers for Integration of Foreigners – a concept based on ministerial guidelines from March 2024, which sparked unprecedented opposition: 33 parliamentary interpellations, questions to the European Parliament, and resolutions from at least 21 local governments. The report exposes fundamental flaws in the CIC: lack of statutory legal basis, promotion of multiculturalism at the expense of cultural uniformity, and forcing integration instead of assimilation. The guidelines explicitly assume legalization of illegal immigrants, establishment of 49 centers, employment of foreigners in uniformed services, and transformation of Poland into a multicultural society. The document presents effective forms of civic resistance – from referendum initiatives to the withdrawal of six provinces from the project. The authors analyze the consequences of implementing Western integration models, which have led to the collapse of social capital in countries such as France. The report proves that opposition to the CIC does not stem from prejudice, but from concern for Poland's future as a nation-state.
Działania Światowej Organizacji Zdrowia coraz częściej spotykają się z krytyką polityków, ekspertów oraz przedstawicieli społeczeństwa obywatelskiego. Zarzuty kierowane pod adresem WHO koncentrują się na kilku zasadniczych kwestiach, w tym między innymi na przejmowaniu przez organizację kompetencji państw członkowskich, promowaniu szkodliwych ideologii czy próbie wymuszenia na państwach-stronach uznania kontrowersyjnych praw, jak tak zwane prawo do aborcji. Liczne głosy krytyczne pojawiają się również w odniesieniu do finansowania WHO czy niedostatecznej transparentności działań podejmowanych przez tę organizację. Biorąc pod uwagę powyższe, Instytut Ordo Iuris zdecydował się przygotować raport o Światowej Organizacji Zdrowia. Celem niniejszej publikacji jest przedstawienie w sposób zwięzły i treściwy najważniejszych kwestii dotyczących WHO, zaczynając od jej genezy, poprzez strukturę organizacyjną i tworzone przez nią prawo, aż po jej finansowanie i najbardziej kontrowersyjne elementy jej działalności.
Autorzy niniejszego raportu podejmują się analizy przyczyn obecnego regresu Unii Europejskiej, która – pierwotnie pomyślana jako sposób na uniknięcie konfliktów z przeszłości i jako mechanizm ułatwiający wzrost i rozwój – współcześnie staje wobec poważnych wyzwań. Część I raportu przedstawia koncepcje odrzucane przez autorów, ale będące obecnie w planach oderwanych od rzeczywistości elit UE – a mianowicie ideę naprawy UE poprzez głębszą integrację – i postuluje potrzebę „Wielkiego Resetu” dominującego paradygmatu. Część II zawiera diagnozę czynników, które doprowadziły do katastrofalnej zapaści europejskich narodów i gospodarek w obecnych ramach politycznych, społecznych, gospodarczych i ideologicznych. W części III – po odrzuceniu fałszywej dychotomii, że Europa może istnieć tylko jako totalitarne europejskie superpaństwo lub zrezygnować z jakiejkolwiek możliwości współpracy – przedstawiono dwa scenariusze uzdrowienia Europy: (I) „Powrót do korzeni”, czyli zreformowanie Unii Europejskiej zgodnie z zasadami, które odzwierciedlają charakter i kulturę narodów europejskich, oraz (II) „Nowy początek” zakładający zresetowanie UE poprzez rozwiązanie jej obecnych struktur i ustanowienie nowej Europejskiej Unii Gospodarczej.
Legal avenues for withdrawal from obligations under the European Green Deal
The European Green Deal is one of the most controversial initiatives of recent decades, directly striking at the foundations of the Polish economy. The Ordo Iuris Institute's report provides a substantive response to growing concerns regarding national sovereignty and the drastic costs of the climate transformation. It is a reliable combination of doctrinal legal analysis and a practical look at the complex decision-making mechanisms within the European Union. The authors of the report identify five specific paths to opt out of EU obligations: ranging from political decisions and legal proceedings before the Constitutional Tribunal and the CJEU to grassroots social initiatives. Particular attention is paid to the contradictions between EU guidelines and the Polish Constitution, especially regarding the protection of property rights. It is a crucial compendium of knowledge on the legal limits of integration and the available tools for protection against the effects of radical climate policy. In an era of rising costs of living, knowledge of legal tools of resistance is becoming our common national interest. This publication allows one to move from a sense of helplessness in the face of EU bureaucracy to planning concrete and effective legal actions.