Rule of law in Poland – integration or fragmentation of common values?

Abstract

The European Union treats the principle of the rule of law as one of the fundamental values of the European axiological system. The EU as a community of values treats the rule of law as a categorical imperative, which is an obligation for member states, which should respect it in an absolute way. The Treaty as well as the interpretation by EU institutions, particularly the Court of Justice of the EU, refers to this value and the obligation to implement it correctly. The recent Polish experience shows that the principle of the rule of law can be vitiated by governing powers. But this attitude has caused a reaction of European institutions protecting the principle of the rule of law, which is treated by them as a base for mutual trust.