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The crumbling compromise: German abortion law at the brink of a third reform debate?

By many Germany is regarded as a model student when it comes to human rights protection. However, this expectation remains unfulfilled in the abortion context since contrary to recommendations by international organizations (e.g. by the World Health Organization, the European Commissioner for Human Rights or the United Nations Human Rights Committee), Germany still criminalizes and […]

Abortion, Constitution and the Role of Constitutional Court: Lessons from Poland

On October 22th, 2020 the Polish Constitutional Tribunal (hereinafter: CT or Tribunal) made a judgment on the legality of abortion (case K1/20). The CT has decided about the unconstitutionality of abortion in the circumstances of malformation or serious disease of a foetus[1]. The decision has triggered mass social protests and heated debates – of both […]

Constitutionally Shameful Judgement in Bad Faith (Abortion Case Before the Polish Constitutional Tribunal)

Mini-symposium: Constitutional abortion politics in Poland Following our recent online discussion on the abortion judgement of the Polish Constitutional Tribunal and on its legal, political and societal implications, we invite you to read contributions addressing some of the complexities of this topic. In the forthcoming weeks we will publish blogposts written by the invited legal […]

Democratic tsunami in Poland

Setting the scene   The recent abortion judgement of the Polish Constitutional Tribunal (CT) caused a stir not only domestically but also abroad. On 22 October 2020 the Polish CT – with the majority of voices (and two dissenting opinions) – declared that abortion in cases where the foetus has serious and irreversible birth defects […]

A Matter of Content, not the Dilemma of Form. A Response to András Jakab and Wojciech Sadurski

The recent discussion between András Jakab and Wojciech Sadurski concerns the role and the possible moral dilemmas of a constitutional scholar and teacher in ‘autocratizing regimes’. However, the unexpressed experience behind the views is the dramatic passage of Hungary and Poland from a position of liberal democratic champions to the vanguard of illiberalism in the […]