Wojciech Sadurski

Wojciech Sadurski (born 5 June 1950) is a Polish and Australian scholar of constitutional law. As of 2020, he is Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw.

Wojciech Sadurski in 2019

Academic career

Sadurski was born on 5 June 1950 in Warsaw;[1] his father was a peasant farmer.[2] Sadurski emigrated to Australia in 1981 and holds dual citizenship.[3] According to Associated Press, Sadurski is "a law professor of international renown".[4] He has written several books on constitutional law and has served as a visiting professor at Yale Law School, New York University Law School, Cardozo Law School, and University of Trento. From 1999 to 2009 he was a professor at European University Institute in Florence and, from 2003 to 2006, the dean of the Faculty of Law of the European University Institute.[5][1] As of 2020, he is Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw.[5]

Sadurski is on the editorial board of European Law Journal, Politics, Philosophy and Economics, and Law and Philosophy Library. Since 2011, he chairs the academic advisory board of Community of Democracies.[5]

Criticism of the Polish government
See also: SLAPP

Sadurski is a vocal critic of the Law and Justice (PiS) party in Poland,[3][4] which he describes as autocratic and authoritarian.[6] In 2019, he published a book with Oxford University Press titled "Poland's Constitutional Breakdown".[7][8] The book was translated into Polish by Anna Wójcik; the Polish edition was published in October 2020.[9] Three cases have been brought against him by the ruling party and those affiliated with it. According to Sadurski, the cases "are totally and unambiguously politically motivated. Further, I believe that they are coordinated and syncronised."[10] PiS has also brought libel cases against other critics of the government.[10]

  • A member of the disciplinary panel of the Polish supreme court opened an investigation against Sadurski at Warsaw University because he called the members of the disciplinary panel "losers".[11]
  • The party sued because Sadurski called it an "organized criminal group" that associated itself with neo-Nazis, in relation to the 2018 National Independence Day march which had significant far-right participation.[3][12] Sadurski commented, "the ruling party enjoys almost unlimited power and very wide material benefits. It lacks only one thing—the privilege of silencing its critics. This lawsuit is an attempt to seize this privilege." He stated that "I used the term organized crime group as a metaphor to describe activities that require synchronization and coordination of the actions of various political and state entities which, according to the constitution, should be separated from each other, but which, in my opinion, led to coordinated actions leading to the transformation of the democratic system into an authoritarian one." He also argued that if he lost the case, "paradoxically, it would confirm the correctness of my diagnosis".[13] Dozens of journalists, members of the opposition, and human rights activists were present at the trial.[4] The case was dismissed by a first instance court, but the party appealed the verdict.[3]
  • The third case involves Sadurski's reference to "Goebbelsian" media after the assassination of Paweł Adamowicz. Although not named by Sadurski, the state-owned media company Telewizja Polska brought both criminal and civil suits for defamation. As of October 2020, the case is scheduled to be heard in December 2020.[3] (According to Reporters Without Borders' 2020 assessment, "Partisan discourse and hate speech are still the rule within state-owned media, which have been transformed into government propaganda mouthpieces.")[14]

Responses

Hundreds of law professors signed a letter in support of Sadurski, stating that there was "a coordinated harassment campaign by the Polish ruling party against a well-known and respected academic who has clearly struck a nerve with his powerful critique of the situation in his native country".[3][15][10] According to the open letter, the cases have little chance to succeed if appealed to the European Court of Human Rights or an EU court, because freedom of speech is guaranteed by treaties to which Poland is a party.[15] Questions about Sadurski's case have been raised in the European Parliament[16] and Dutch Parliament.[17] The Human Rights Institute of the International Bar Association also called for charges against Sadurski to be dropped. Former Australian High Court judge Michael Kirby commented: "Poland’s citizens, including Professor Sadurski, must always have the ability to criticise the government without fear of retribution or imprisonment."[18] Scholars at Risk characterizes the prosecution of Sadurski as "apparent retaliation for the peaceful exercise of the right to freedom of expression" and states that state crackdowns on free expression cause "a chilling effect on academic freedom and undermine democratic society generally".[19]

Works
  • Sadurski, Wojciech (1980). Neoliberalny system wartości politycznych (in Polish). Państwowe Wydawn. Naukowe. ISBN 978-83-01-01545-9.
  • Sadurski, Wojciech (1985). Giving Desert Its Due: Social Justice and Legal Theory. Springer Science & Business Media. ISBN 978-90-277-1941-6.[20]
  • Sadurski, Wojciech (1989). Moral Pluralism and Legal Neutrality. Springer Science & Business Media. ISBN 978-0-7923-0565-1.[21]
  • Sadurski, Wojciech (2014) [1999]. Freedom of Speech and Its Limits. Springer. ISBN 978-94-010-9342-2.[22][23]
  • Sadurski, Wojciech (2014) [2005]. Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe. Springer. ISBN 978-94-017-8935-6.[24]
  • Sadurski, Wojciech, ed. (2006). Political Rights Under Stress in 21st Century Europe. Oxford University Press. ISBN 978-0-19-929602-6.[25]
  • Sadurski, Wojciech (2012). Constitutionalism and the Enlargement of Europe. Oxford University Press. ISBN 978-0-19-969678-9.[26][27][28]
  • Sadurski, Wojciech (2019). Poland's Constitutional Breakdown. Oxford University Press. ISBN 978-0-19-884050-3.[7][29][30][31]

References
  1. Sobszak, Krzysztof (5 May 2010). "Prof. Wojciech Sadurski kandydatem na rzecznika praw obywatelskich?". Prawo.pl (in Polish). Retrieved 18 October 2020.
  2. "Sroczyński kontra Sadurski. Spór o "plebs" i język krytyki obozu władzy". TOK FM (in Polish). Retrieved 18 October 2020.
  3. Ticher, Mike (3 October 2020). "Long arm of Law and Justice: the Sydney professor under attack from Poland's ruling party". The Guardian. Retrieved 18 October 2020.
  4. Scislowska, Monika (27 November 2020). "Polish professor defends himself against defamation charge". ABC News. Associated Press. Retrieved 18 October 2020.
  5. "Staff Profile". The University of Sydney. Retrieved 18 October 2020.
  6. Sadurski, Wojciech (16 January 2020). "Poland's autocratic government is at it again". POLITICO. Retrieved 18 October 2020.
  7. Mikuli, Piotr (2020). "Poland's Constitutional Breakdown". International Journal of Constitutional Law. 18 (1): 293–297. doi:10.1093/icon/moaa017.
  8. "What went wrong with Poland's democracy". OUPblog. 14 August 2019. Retrieved 18 October 2020.
  9. Adam Bodnar [@Abodnar] (27 October 2020). "Już można zamawiać polskie wydanie książki prof. Wojciecha Sadurskiego o kryzysie konstytucyjnym. Wydawcą jest @liberteworld - oryginalne wydanie ukazało się nakładem" (Tweet) – via Twitter.
  10. Walsh, David (13 May 2019). "Critic of Poland's ruling party PiS slams "politically motivated" libel cases". euronews. Retrieved 18 October 2020.
  11. von Bogdandy, Armin; Spieker, Luke Dimitrios (6 March 2019). "Countering the Judicial Silencing of Critics: Novel Ways to Enforce European Values". Verfassungsblog. Retrieved 18 October 2020.
  12. Pempel, Anna Koper, Kacper (11 November 2019). "Polish far-right groups march on independence anniversary". Reuters. Retrieved 18 October 2020.
  13. "PiS pozwał prof. Sadurskiego za "zorganizowaną grupę przestępczą". "Nazwałem schemat działania władzy"". oko.press. Retrieved 18 October 2020.
  14. "Poland". RSF. Reporters without borders. Retrieved 27 September 2020.
  15. de Búrca, Gráinne; Morijn, John (6 May 2019). "Open Letter in Support of Professor Wojciech Sadurski". Verfassungsblog. Retrieved 18 October 2020.
  16. Parliamentary questions 31 January 2020: Question for written answer E-000590/2020 to the Commission from Frances Fitzgerald (EPP) Subject: The legal harassment of Professor Wojciech Sadurksi in Poland
  17. "Detail 2019D31358". www.tweedekamer.nl (in Dutch).
  18. "IBA - IBAHRI calls on Poland to drop charges against law professor Wojciech Sadurski". www.ibanet.org. Retrieved 18 October 2020.
  19. "2019-01-20 University of Warsaw". Scholars at Risk. Retrieved 18 October 2020.
  20. Grafstein, Robert (1986). "Giving Desert Its Due: Social Justice and Legal Theory. By Wojciech Sadurski. (Dordrecht, Holland: D. Reidel Publishing Company, 1985. Pp. xvii + 329. $47.00.)". American Political Science Review. 80 (4): 1333. doi:10.1017/S0003055400185247.
  21. Gardocki, Lech (1992). "Wojciech Sadurski, Moral Pluralism and Legal Neutrality, Dodrecht - Boston - London 1990, Kluwert Academic Publishers, 221 pages". Contemporary Central & East European Law (1-4(93-96)): 53–55. ISSN 2719-4256.
  22. Shiner, Roger A. (2000). "Wojciech Sadurski, "Freedom of Speech and its Limits."". Philosophy in Review. 20 (4): 284–286. ISSN 1920-8936.
  23. "Freedom of Speech and Its Limits". www.lawcourts.org. Retrieved 18 October 2020.
  24. Czarnota, A. (2007). "Rights before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe". International Journal of Constitutional Law. 5 (3): 568–571. doi:10.1093/icon/mom020.
  25. Kraus, Peter A. (2009). "Political Rights under Stress in 21st Century Europe. Edited by Wojciech Sadurski. Oxford: Oxford University Press, 2006. 288p". Perspectives on Politics. 7 (2): 436–437. doi:10.1017/S1537592709091324.
  26. Koncewicz, Tomasz Tadeusz (2013). "Book Review: Constitutionalism and the Enlargement of Europe, by Wojciech Sadurski. (Oxford: Oxford University Press, 2012)". Common Market Law Review. 50 (6).
  27. Parau, Cristina E. (2013). "Constitutionalism and the Enlargement of Europe". West European Politics. 36 (5): 1117–1119. doi:10.1080/01402382.2013.820430. S2CID 154050074.
  28. Hein, Michael (2015). "Wojciech Sadurski, Constitutionalism and the Enlargement of Europe (Oxford 2012: Oxford University Press). A Comment". Southeastern Europe. 39 (3): 421–430. doi:10.1163/18763332-03903008.
  29. Daly, Tom Gerald (2019). "Between Fear and Hope: Poland's Democratic Lessons for Europe (and Beyond) - Wojciech Sadurski, Poland's Constitutional Breakdown (Oxford University Press2019) 304 pp. English". European Constitutional Law Review. 15 (4): 752–767. doi:10.1017/S1574019619000439.
  30. "Poland's Constitutional Breakdown". EU Law Live. Retrieved 18 October 2020.
  31. Hanelt, Etienne (2020). "Wojciech Sadurski, Poland's Constitutional Breakdown (Oxford Comparative Constitutionalism)". Political Studies Review. doi:10.1177/1478929920931440.

Further reading
  • Belavusau, Uladzislau; Gliszczyńska-Grabias, Aleksandra, eds. (2020). Constitutionalism Under Stress: Essays in Honour of Wojciech Sadurski. Oxford University Press. ISBN 978-0-19-886473-8.
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