Mateusz Grabarczyk’s research stay at the European University Institute

Posted on 11 March 2024 by KTiFP (MG)
Villa Salviati

Villa Salviati, Department of Law

Badia Fiesolana, EUI’s hub

Badia Fiesolana, EUI’s hub

In February, mgr. Mateusz Grabarczyk was a visiting PhD student at the Department of Law, European University Institute in Florence, under the supervision of Prof. Sarah Nouwen.

During his short stay at the EUI, he worked on the project Judging judicial independence – Judges’ liability from a transitional justice viewpoint.

This project investigates how transitional justice relates to the possibility of judges being held accountable for compromising judicial independence during pre-transition periods. In particular, the project aims to create a normative model of responsibility that could be applied to various types of transitions. The stay was an opportunity to conduct research in the rich resources of the EUI library, participate in seminars and workshops, and confront research results in meetings with EUI academic staff and other doctoral students.

Mateusz Grabarczyk on the Florence skylineThe research stay was conducted as part of a research project, “Judging judicial independence – Judges’ liability from a transitional justice viewpoint”, financed by the Polish National Science Centre (2021/41/N/HS5/02006), of which Mateusz Grabarczyk is the Principal Investigator.

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Palmae Universitatis Studiorum Posnaniensis medal for Prof. Slawomira Wronkowska

Posted on 28 February 2024 by KTiFP (MG)

We are delighted that the UAM Senate has decided to award the Palmae Universitatis Studiorum Posnaniensis distinction to Prof. Slawomira Wronkowska.

The Palmae Universitatis Studiorum Posnaniensis medal is the highest academic honour of Adam Mickiewicz University, Poznan. It is awarded to outstanding scholars whose scientific work has contributed to building the university’s significance on the academic map of Poland. Magnificence, the Rector of UAM during the inauguration ceremony of the academic year or a ceremonial meeting of the Senate, hands over the award.

Congratulations!

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A new article in Labour and Social Security Journal by Dr Michał Krotoszyński

Posted on 14 February 2024 by KTiFP (MG)

A new article (in Polish) in Labour and Social Security Journal 12/2023 by Dr Michał Krotoszyński entitled “Decommunization of the civil service and state offices”.

The paper aims to analyze the provisions on the decommunization of the civil service and state offices, introduced in the Act of 14 April 2023 on the Amendment of the Civil Service Act and Certain Other Acts. I present three claims. First, the author argues that the said provisions are another step in an ongoing change of the Polish lustration model from an instrument of historical clarification, in which sanctions are imposed only for submitting a false lustration statement, towards a retribution mechanism, where those connected with the former regime cannot hold public offices. Second, he claims that these provisions violate both the Polish Constitution and international law. Finally, the author suggests that labour courts ought to refuse to apply said provisions, should they face compensation claims or claims for reinstatement in a job position.

More information can be found on the journal’s website. We encourage you to read!

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A new article in Państwo i Prawo by Dr Mikołaj Hermann

Posted on 30 January 2024 by KTiFP (MG)

A new article (in Polish) in Państwo i Prawo – Nr 11/2023 [933] by Dr Mikołaj Hermann entitled: “On Coupled Norms Once More”.

Abstract: The subject of the article is an analysis of the concept of coupled norms, which was introduced into Polish legal theory by J. Lande as an alternative to the three-element concept of a legal norm. I discuss the evolution of the aforementioned concept, including subsequent proposals for its modification and supplementation made by eminent Polish scholars. In this respect, I focus on the following issues: contestation of the traditional concept of structure of a legal norm, analysis of the original approach to the sanctioned norm and the sanctioning norm, and understanding of the relationship between coupled norms. Taking a critical approach to how J. Lande’s concept was received in legal scholarship, I present arguments in favour of recognizing the sanctioning norm as a norm of competence, which authorizes a state authority to impose a sanction, contrary to the common convention according to which that norm is a norm requiring it to be imposed. I also discuss the relationship between the scopes of application of coupled norms, both in terms of content and in terms of time

We encourage you to read!

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Mateusz Grabarczyk’s research stay at the Amsterdam Centre on the Legal Professions and Access to Justice

Posted on 5 November 2023 by KTiFP (MG)

In October, mgr. Mateusz Grabarczyk was a visiting fellow at the Amsterdam Centre on the Legal Professions and Access to Justice (ACLPA, University of Amsterdam), under the supervision of Prof. Iris van Domselaar.

During his short stay at the ACLPA, he worked on the project: “Judges’ complicity in building non-democratic regimes”. He sought to answer why judges, often trained, and appointed by democratic governments, facilitate, and accept authoritarian power politics. Towards the end of his stay, M. Grabarczyk gave a presentation at the Paul Scholten Centre for Jurisprudence at the University of Amsterdam Law School colloquium, about the project’s results. Prof. Marc de Werd was the commentator on the presentation.

The internship was financed by the AMU International Compass project (Towards the internationalisation of the Doctoral School of AMU) and supported by the Polish National Agency for Academic Exchange (no. PPI/STE2020/1/00007/U/00001).

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Dr Michael Krotoszynski’s research stay at the University of Toronto

Posted on 26 September 2022 by KTiFP (MG)

Dr Michał Krotoszyńskion the background of the University of Toronto buildingIn the second half of September, Dr Michal Krotoszynski undertook ten-day research stay at the University of Toronto. During his visit, Dr Krotoszynski presented a lecture to the staff of the Faculty of Law there – on a topic analogous to his recent stay in Syracuse – and researched the theoretical foundations of transitional justice. The research stay supervisor was Professor David Dyzenhaus.

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Lecture by Dr Michal Krotoszynski at Syracuse University College of Law

Posted on 16 September 2022 by KTiFP (MG)

Dr Michał Krotoszyńskion the background of the Syracuse University College of Law building and the Syracuse signDr Michal Krotoszyński presented a lecture to Syracuse University College of Law students last week, “From ‘Legal Impossibilism’ to the Rule of Law Crisis: Transitional Justice and Polish Counter-Constitutionalism.”

Since 2015, Poland’s Law and Justice political party has significantly altered the composition of the Polish Constitutional Court, the Supreme Court, and the National Council of Judiciary; and expanded the power of executive branch in relation to the courts. This process – commonly referred to as a period of ‘anti-constitutional populist backsliding’ (Sadurski 2014) – also has a transitional justice dimension. Professor Krotoszynski posits that the cornerstone of this counter-constitutionalism is a myth of ‘legal impossibilism’: a belief in strict constitutional constraints supposedly stopping the parliamentary majority from introducing crucial reforms, including transitional justice measures.

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Wojciech Rzepinski’s research stay in Genoa

Posted on 26 July 2022 by KTiFP (MG)

FrWojciech Rzepiński in view of the Tarello Institute for Legal Philosophy at the University of Genoa (Istituto Tarello per la filosofia del diritto - Università degli Studi di Genova, Italy) signboardom July 11-24 this year, Wojciech Rzepinski, M.A., stayed as a Visiting Researcher at the Tarello Institute for Legal Philosophy at the University of Genoa (Istituto Tarello per la filosofia del diritto – Università degli Studi di Genova, Italy). The research stay was, among other things, an opportunity to confront W. Rzepinski’s previous research results during meetings with the Institute’s staff and doctoral students. The research visit was planned as part of the project “The inferentialist account of legal fact-finding in legal decision-making process”, funded by the National Science Center under the Prelude 17 grant (No. 2019/33/N/HS5/01418), of which W. Rzepinski is the principal investigator.

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Members of the Department at the IVR World Congress in Bucharest

Posted on 12 July 2022 by KTiFP (MG)

Members of the Department on the background of the Dimitrie Cantemir Christian University building and the IVR 2022 Congress signThe XXX Jubilee World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) “Justice, Community and Freedom” was held in Bucharest (Dimitrie Cantemir Christian University) from July 3 to 8.

As part of the Congress, members of the Department organized two working panels. In the first, organized by Dr. Maciej Dybowski (UAM) and Dr. Verena Klappstein (University of Passau) entitled Languages of the Law: Vocabularies and Uses, the following members of the Department presented their papers: Prof. Marek Smolak (The Vocabulary of the Languages of the Law in the Conventional-Pragmatic Perspective), Dr. Maciej Dybowski (On two kinds of legal concepts), Dr. Mikołaj Hermann (Application and Applicability of Law in Relation to its Validity. Different Meanings. Different Uses) Dr M. Hermann's lecture at IVR Congress 2022, Dr. Michal Krotoszynski (Street Naming, Speech Acts and the Law), MA Weronika Dzięgielewska (Normativity of Law and the Normative Vocabularies in Law. A Pragmatist Route From Legal Situations to Legal Norms; speech within the realization of the NCN-funded research project – Prelude 20, no. 2021/41/N/HS5/02507) and Wojciech Rzepinski, MA (“Legal practice” as a part of the European Court of Justice’s vocabulary; speech within the realization of the NCN-funded research project – Prelude 17, no. 2019/33/N/HS5/01418). In addition to members of the Department, the panel included presentations by: Ondřej Glogar (Masaryk University in Brno), Francesco Ferraro (University of Milan), Stephen Pethick (University of Kent), Alexandre Hermet (University of Strasbourg) and Ana Van Liedekerke (KU Leuven).

Audience at tha workshop organized by Department membersIn the second panel Intersections of the Practices: Linguistic, Social, Legal organized by Weronika Dzięgielewska, M.A., and Wojciech Rzepinski, M.A., as part of the realization of the NCN-funded research project Prelude 20, No. 2021/41/N/HS5/02507, the following members of the Department presented their papers: Maciej Dybowski, Ph.D. (Science of law as the pragmatic meta-vocabulary: explaining legal concepts via practices), Michał Wieczorkowski, M.A. (Canons of construction in the legal practice in the light of the skeptical solution), Weronika Dzięgielewska, M.A. (What is practical about law’s normativity (and why it is the other way round)) and Wojciech Rzepiński, M.A. (Attitudes Specific to Legal Practice and How to Find M. Wieczorkowski's presentation at IVR Congress 2022Them? ). Also delivering their papers were: David Sierra Sorockinas (Universidad Autónoma Latinoamericana), Cristiano Moita (Research Team “Normativity, Critique, Change” affiliated with the Free University of Berlin, Humboldt University of Berlin and Berlin University of the Arts), Alex Horne (University of Cambrigde), Maciej Próchnicki (Jagiellonian University) and Tomasz Zygmunt (Jagiellonian University).

Dr M. Krotoszyński's lecture at IVR Congress 2022Dr. Michal Krotoszynski also appeared on the working panel “Philosophy of Human Rights: Questions on Dignity and Social Construction” with a paper entitled Transitional Justice in Light of Theory of Legal Principles.

In turn, Mateusz Grabarczyk, M.A., spoke as part of the work of Working Group 2 with a paper entitled The Role of Judiciary Reform and Judges’ Liability within the Transitional Justice Framework (as part of the realization of a research project funded by NCN – Prelude 20, No. 2021/41/N/HS5/02006).

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