Lawyers must courageously uphold the law amid authority crisis

The role of lawyers in Poland is undergoing a significant transformation, particularly in an era marked by a crisis of legal authority. The article posits that contemporary legal professionals must possess the courage to identify and articulate when governmental figures, such as the president and prime minister, transgress legal boundaries.

This perspective emerges within a broader discussion about the judiciary's place in society. The author references a debate sparked by articles concerning legal theorists like H.L.A. Hart and Carl Schmitt, suggesting that Poland is in a transitional period where the definition of a lawyer's duty is being redefined. The piece acknowledges agreement with the notion that the time for disengaged lawyers has passed, especially as some proponents of democracy appear to be limiting freedoms, including freedom of speech and scientific inquiry.

Furthermore, the article raises critical questions about the actions of supranational and national judicial bodies. It prompts consideration of whether institutions like the European Court of Justice (ECJ) and Poland's own Constitutional Tribunal are operating within their designated competencies or exceeding them. This highlights a tension between adherence to legal frameworks and the potential for judicial overreach.

The central argument underscores the need for lawyers to act as vigilant guardians of the law. They are called upon not only to defend legal principles but also to challenge any violations, regardless of who perpetrates them. This active stance is presented as essential for navigating the current legal and political landscape.