Legal Comparativism in Legislative-Political Discourse. Legality or Abuse
Kozminski University College of Law and the Osnabrück University European Legal Studies Institute in cooperation with the International Association of Judicial Independence and World Peace International Project on Judicial independence have a pleasure to invite you to the International Conference on
Legal Comparativism in Legislative-Political Discourse. Legality or Abuse
held on 19th December 2022 at Kozminski University, Warsaw, Poland (Available in hybrid mode), at 10:00 a.m. - 4:00 p.m.
Conference Merits The essence of the legal comparativism is to investigate and study legal institutions that are similar or perform similar functions in various legal systems, as well to conduct extensive doctrinal and case law analysis to support the understanding of foreign legal orders and to bridge barriers to legal transactions. Therefore, implementation of the legal comparativism in a legislative process makes a tangible contribution in the process of shaping national legal orders. Observation of the events taking place in 2015-2020 on the Polish political scene and the accompanying legislative changes revealed a new phenomenon in the context of comparative law and method - the use of the legal comparativism as a tool for legitimizing legislative changes that might be assessed as controversial in the context of systemic rules and values of the amended legal system and sometimes even contradictory to foreign legal systems indicated as exemplary, giving rise to the risk of distorting their democratic image and values recognised by them. These practices cause questions as to criteria of admissibility or limits of the use of the comparative method, in the context of: - the recourse in the legislative process to "comparative reasoning" consisting in the use of references to the authority of foreign legal orders in order to legitimize controversial legal changes, - the benefits and dangers of instrumentalizing the comparative method of legal analysis in the legislative process and its use in political disputes, - the permissibility of using comparative method and argumentation in a manner which deforms reasoning behind the foreign legal systems and the values recognized by them, - the admissibility of instrumental and selective references to foreign legal orders in the light of constitutional values, EU law, the Charter of Fundamental Rights and EU treaty principles.
Conference Program:
10.00 a.m. – 10.20 a.m. Opening of the Conference / Presentation of the Project 10.20 a.m. – 10.50 a.m. Opening speech The limits of transplanting foreign law and institutions in domestic jurisdictions: The adoption of judicial mechanisms of the German judicial system in Polish recent legislation, Professor Shimon Shetreet, Professor Emeritus Faculty of Law Hebrew University of Jerusalem, Israel. 10.50 a.m. – 12.20 p.m. Session 1 The informatization of Civil Proceedings in Poland in the light of the experience of European countries, Professor at KU Joanna Studzińska, Kozminski University, Poland. Comparative legal analysis of Digitalisation of the political space of Poland and Kazakhstan, Aijan Abdrasoulova, Jagiellonian University, Poland. The issues of judicial independence in the administration of justice in the Republic of Kazakhstan and foreign countries, Yerik Akhmetov, Eurasian National University of L.N. Gumilyov, Kazakhstan. 12.20 p.m. – 1.0 p.m. Lunch Breake 1.00 p.m. – 2.20 p.m. Session 2 The (European) comparative law of national limits to referrals to the ECJ under art. 267 TFEU, Umberto Latazzi, Bocconi University in Milan, Italy. Risks of politicizing comparative references. The Polish Constitutional Court and its attitude do ECHR and ECJ verdicts, Elwira Macierzyńska-Franaszczyk, Kozminski University, Warsaw, Poland. Appealing Against the Turkish Data Protection Authority Decisions under Law on Personal Data Protection Numbered 6698, Fatma Sumeyra Dogan, Jagiellonian University, Poland
2.30 p.m. – 3.30 p.m. Closing Session Comparative problems in approaching the independence of judiciary, Professor Fryderyk Zoll, Jagiellonian University, Poland / Osnabrück University, Germany. 3.30 p.m. – 3.40 p.m. Closing of the Conference
Conference Registration is possible until 16 December 2022.
Conference Venue: Kozminski University, Warsaw, Poland Jagiellonska Street 59, Conference Room – Building C, Room No. C/Sala konferencyjna Conference will be available in person and remotely (hybrid mode). The conference link will be shared on 16 December 2022. Link to the Conference online participation: will be delivered to registered participants only
Conference co-Chairs:
- Professor Fryderyk Zoll, Osnabrück University/Jagiellonian University
- PhD Elwira Macierzynska-Franaszczyk, Assistant Professor at Kozminski University, Warsaw
Honourable Conference co- chair:
- Professor Shimon Shetreet, Hebrew University of Jerusalem, President of the International Association of Judicial Independence and World Peace
Conference is a part of the project "Rechtsvergleichung als instrument im politischen diskurs. Legitimitat und Missbrauch (No. 2021-11) supported by the Deutsch-Polnischen Wissenschaftsstiftung"
Gefördert aus Mitteln der Deutsch-Polnischen Wissenschaftsstiftung Projekt wspierany przez Polsko-Niemiecką Fundację na rzecz Nauki