A democratic rule-of-law state is not just a slogan from civics textbooks, but a reality that affects the daily life of every citizen in Poland and Europe. In this material, you will learn what a democratic rule-of-law state is, what its principles are, what rights and freedoms you are entitled to, what happens when someone breaks the law, and how you can influence the “rules of the game.”
Definition and Legal Basis
A democratic state governed by the rule of law is a state in which power derives from the people, and its actions are strictly regulated by law. In Poland, this principle is enshrined in Article 2 of the Constitution of the Republic of Poland:
“The Republic of Poland is a democratic state governed by the rule of law, implementing the principles of social justice.”
In the European Union, the rule of law is one of the fundamental values, as stated in Article 2 of the Treaty on European Union (TEU).
Comparison to a game
In every game, there are clear rules that all players must follow.
In a rule-of-law state, the “players” are both the citizens and the public authorities.
The rules of the game are the laws – they cannot be broken at will, and any changes require a specific procedure.
The “judges” oversee the observance of the rules – in a state, these are independent courts and tribunals.
Characteristics of a democratic rule-of-law state
"The 'Rules of the Game' of a Democratic Rule-of-Law State"
In Poland
The most important legal act in Poland is the Constitution of the Republic of Poland – it sets the framework for the functioning of the state, defines the separation of powers, and guarantees citizens’ rights.
Law in Poland has a hierarchical character – at the top is the Constitution, followed by statutes, executive acts (regulations), local laws, and internal regulations. Acts of so-called “lower rank” must comply with hierarchically higher acts.
The principles of lawmaking include, among others:
- the prohibition of retroactive law (lex retro non agit),
- protection of legitimately acquired rights,
- certainty and clarity of the law,
- an appropriate period to adapt to new regulations (Latin: vacatio legis).
In European Union
- The rule-of-law principle is enshrined in Article 2 of the TEU.
- Every member state must respect the rule of law, democracy, and human rights.
- European Union law takes precedence over national law in many areas.
Who ensures compliance with the law?
In Poland:
- Supreme Court – oversees the uniformity of case law.
- Constitutional Tribunal – reviews the compliance of statutes with the Constitution.
- Common courts – resolve disputes and administer justice.
- Administrative courts – rule on the legality of decisions issued by public administration authorities.
- Ombudsman – protects the rights and freedoms of citizens.
In Europe:
- Court of Justice of the European Union (CJEU) – ensures that the actions of states comply with EU law.
- EU Agency for Fundamental Rights – monitors the observance of fundamental rights.
- European Court of Human Rights (ECHR) – examines complaints about human rights violations by states parties to the European Convention on Human Rights.
- Committee of Ministers of the Council of Europe – supervises the implementation of the European Court of Human Rights’ judgments by member states.
What rights and freedoms does every citizen have?
In Poland
Fundamental civil rights and freedoms are enshrined in Chapter II of the Constitution of the Republic of Poland.
These include, among others:
- The right to life, liberty, and personal security.
- Freedom of speech, conscience, religion, assembly, and association.
- The right to privacy and the protection of personal data.
- Personal inviolability and protection of property.
- The right to a fair trial before an independent court.
- The right to education, work, healthcare, and social security.
- The right to participate in elections and referenda.
In Europe
The rights and freedoms of EU citizens are guaranteed by:
- Charter of Fundamental Rights of the European Union – covering personal, civil, political, economic, and social rights.
- European Convention on Human Rights – including the right to life, prohibition of torture, right to liberty and security, right to a fair trial, freedom of expression, and freedom of assembly.
Examples of rights contained in the European Convention on Human Rights:
- Right to life (Art. 2)
- Prohibition of slavery (Art. 4)
- Right to liberty and security (Art. 5)
- Right to a fair trial (Art. 6)
- Freedom of thought, conscience, and religion (Art. 9)
- Freedom of expression (Art. 10)
- Right to an effective remedy (Art. 13)
Protection of rights
- Every citizen can assert their rights before national courts, and if domestic remedies are exhausted – also before the ECHR.
What happens when someone breaks the law?
Consequences of breaking the law
- Every violation of the law carries specific consequences, mainly affecting citizens’ property or their liberty.
- In Poland, the principle of presumption of innocence applies – everyone is innocent until proven guilty by a final court judgment.
- No one can be punished for an act that was not prohibited at the time it was committed (the principle of nullum crimen sine lege).
Procedures and protective measures
- Everyone has the right to defense and a fair trial before an independent court.
- There are remedies – a judgment can be appealed to a higher court.
- In case of violations of rights by state authorities, a complaint can be filed with the Ombudsman, the Constitutional Tribunal, or the ECHR.
How can we influence the “rules of the game” – can we change or improve them?
Citizens’ influence on the law in Poland
- Elections – the main way for citizens to influence authorities and law. Citizens elect their representatives to the Sejm, Senate, local governments, and the European Parliament.
- Citizens’ legislative initiative – a group of at least 100,000 citizens can submit a draft law to the Sejm (Art. 118 of the Constitution of the Republic of Poland).
- Public consultations – citizens can provide feedback on draft laws.
- Referenda – in important nationwide matters, a referendum can be held.
Legislative process in Poland
- Draft laws can be submitted by the President, the Council of Ministers, Members of the Sejm, the Senate, and citizens (minimum 100,000 signatures).
- You can learn more about the legislative process here.
- A law goes through the Sejm, the Senate, the President, and is published in the Journal of Laws.
Influence on law in the European Union
- European Citizens’ Initiative – 1 million citizens from at least 7 EU countries can submit a proposal to the European Commission to change EU law.
- Petitions to the European Parliament – any EU citizen can submit a petition concerning EU matters.
- Public consultations – the EU regularly conducts consultations in which citizens can participate.
Summary
A democratic rule-of-law state is a shared “game” in which everyone – citizens and authorities – must follow the same rules. The law protects your freedoms but also imposes obligations. You have a real influence on how these rules look – through elections, legislative initiatives, or participation in consultations. When someone breaks the law, there are effective mechanisms to protect rights and enforce justice. Both in Poland and in Europe, the foundation is respect for human dignity, freedom, equality, and democracy.
Selected legal acts and international documents
- Constitution of the Republic of Poland (Arts. 2, 7, 10, 11, 45, 77, 78, 79, 80, 118)
- Treaty on European Union (Art. 2)
- Charter of Fundamental Rights of the European Union
- European Convention on Human Rights
Glossary of terms
- Rule of law – a principle according to which everyone is equal before the law, and authorities act based on and within the law.
- Separation of powers – division of power among the legislative, executive, and judicial branches.
- Presumption of innocence – no one is guilty until their guilt is confirmed by a final court judgment.
- Citizens’ legislative initiative – the right of citizens to submit draft laws.
“The Republic of Poland is a democratic state governed by the rule of law, implementing the principles of social justice.”
— Art. 2 of the Constitution of the Republic of Poland
Remember: democracy and the rule of law are not abstract – they are your daily rights, freedoms, and opportunities to influence reality!