Mobility Phase: Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Rule of Law in the EU: Between Scylla and Charybdis of constitutional identity and common constitutional traditions
Photo: Joanna Scheffel
Władysław Józwicki is Assistant professor at the Constitutional Law Chair of Adam Mickiewicz University in Poznań, where he teaches mainly Constitutional law and Human Rights Law. During his re:constitution Fellowship in 2019/2020 he was Visiting Fellow at the Max Planck Institute for Comparative Public Law and International Law. In 2018/2019 he was Visiting Fellow at iCourts (The Danish National Research Foundation’s Centre of Excellence for International Courts). Władysław received his PhD in Law from Adam Mickiewicz University in Poznań (2018, with distinction). He holds a MA in Law degree (2011, first class) therein, a MA in Political Sciences from University of Warsaw (2009, summa cum laude) and a BA in Political and International Studies with a Joint Degree from Middlesex University in London (2006, First Class Honours). He is a Graduate from EIUC Venice Academy of Human Rights (2016 and 2017) as well as from the EUI Summer Academy in EU law (2013) and in Human rights law (2013) as well as from the Law and Logic Summer School (2019). He acquired experience as a Researcher as a Member of the European Commission founded (FP-7) large scale research project coordinated by Leuven Centre for Global Governance Studies on: “Human rights in EU external relations and internal policies” and as Member of the Polish National Centre for Science research project on Commentary to the ICESCR. In 2015 Władysław served as a Constitutional law Expert at the Chancellery of the President of the Republic of Poland for nine months. He is Member of the Polish Association of Constitutional Law. His main fields of research are the relations between EU Member States, constitutional courts and the CJEU when it comes to adjudication on conflicts between EU and domestic law, especially in human rights matters. Furthermore he focuses on the EU and the ECHR and on deference strategies of international courts and similar bodies in the field of human rights.
Rule of Law in the EU: Between Scylla and Charybdis of constitutional identity and common constitutional traditions
The research project is aimed at investigating whether the Rule of law principle has been explicitly or implicitly identified by the EU MSs Constitutional Courts (at least in the most relevant out of the states where there exists a centralized constitutional scrutiny of Kelsenian kind) as an element of their respective constitutional identities as well as how has it been defined. This would lead to a comparative analysis to what extent the understanding of the principle differs from one state to another and to what extent is it similar or maybe even equivalent one to another. Basing on this the analysis will be focused on whether the Rule of Law as identified and applied by the MSs Constitutional Courts, the CJEU and European jurisprudence and academia proves to underpin and constitute one of the basis for common constitutional tradition of the EU or does it rather represent what is particular to each state and is one of the things which differentiate the EU MSs. If the latter would turn out to be true, the research will also contain an attempt to find means of defusing the threats stemming from such a divergence, especially in the light of art. 2, 4(2) and 4(3) of the TEU.
