Papers by Matteo Mastracci
The effect of the recent populist legislative tendencies results in sharpening new and old tensio... more The effect of the recent populist legislative tendencies results in sharpening new and old tensions between national and international legal orders and, in the European Union scenario, in particular, the most alarming outcome could be a potential and systematic breach of the European Convention on Human Rights and the liberal democratic values expressed in it. Regarding the argument of the enforcement, nevertheless, besides the importance of the international recommendations and soft law instruments, above all the EU Guidelines on the promotion and protection of freedom of religion or belief, it could be crucial the role that the religious leaders should perform towards a more inclusive intrareligious dialogue and within States, pushing and persuading national authorities to take further steps in order to comply with the fundamental scope of “living together”
Polish Review of International and European Law
Judicial independence is a cornerstone of contemporary constitutional systems within European leg... more Judicial independence is a cornerstone of contemporary constitutional systems within European legal orders that Poland, among many other European States, codified the principle at a constitutional level through Article 173 of the Constitution of the Republic of Poland. Nonetheless, the concrete implementation of the theoretical framework remains a bone of contention between the national States and the main international actors. The latter faction, based on the acknowledgement that no single political model could ideally comply with the principle of the separation of powers and secure complete independence of the judiciary, has developed an impressive number of legal tools that are part of a more diffuse European trend of interpretation, which should be labelled as European standard or European corpus aiming at preserving the judiciary order from outward interferences by the legislative and executive powers. In Poland, after the extensive victory earned by the Law and Justice (PIS) p...
Judicial Independence: European Standards, ECtHR Criteria and the Reshuffling Plan of the Judiciary Bodies in Poland
ATHENS JOURNAL OF LAW
9 Polish Rev. Int'l & Eur. L. 39 (2020), Nov 13, 2020
Judicial independence is a cornerstone of contemporary constitutional systems within European leg... more Judicial independence is a cornerstone of contemporary constitutional systems within European legal orders that Poland, among many other European States, codified the principle at a constitutional level through Article 173 of the Constitution of the Republic of Poland. Nonetheless, the concrete implementation of the theoretical framework remains a bone of contention between the national States and the main international actors. The latter faction, based on the acknowledgement that no single political model could ideally comply with the principle of the separation of powers and secure complete independence of the judiciary, has developed an impressive number of legal tools that are part of a more diffuse European trend of interpretation, which should be labelled as European standard or European corpus aiming at preserving the judiciary order from outward interferences by the legislative and executive powers. In Poland, after the extensive victory earned by the Law and Justice (PIS) p...
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Papers by Matteo Mastracci