19 Grudnia

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)

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 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