Drinóczi Timea, Illiberal Constitutional Courts of Hungary and Poland

1. Introduction . In the last couple of years, the formerly well-respected Hungarian and Polish constitutional courts have been transformed into illiberal constitutional courts. Much attention was given to the overview of the demise of judicial independence, including the packing exercise, unsuccessful EU responses at political, legislative, and judicial levels, abusive judicial review around the world. In contrast, less attention was dedicated to the third layer of the rule of law deterioration, which is the emergence of illiberal constitutional courts facilitated by the national reforms frustrating and demolishing judicial independence and unsuccessful EU responses. Warning signs could be seen not only in the political and legal environment but also in the actions of these courts. It is enough to think about, for instance, the way the Polish Constitutional Tribunal refashioned the previous constitutional dynamic between EU and international law and domestic law as a response to...