A.R. v. Poland and the Dynamics of Transnational Legal Mobilization

27 November 2025
Karolina Kocemba

In 2020, the Polish Constitutional Court prohibited abortion sought on the grounds of fetal defects. While the ruling was announced, it was not published for three months, creating a period during which neither pregnant people nor medical providers could be certain of the current legal situation, which could change at any time. Accordingly, on 13 November 2025, the European Court of Human Rights (ECtHR), in A.R. v. Poland, ruled that this instability failed to meet the legal certainty required under Article 8 of the ECHR. The situation arose from the delayed and, at that time, unpredictably timed publication, and was intensified by the ongoing constitutional crisis.

Crucially, the case reveals a deeper dimension of legal uncertainty, as both pro-choice and anti-choice actors were actively involved in the A.R. case, seeking to shape the law in opposite directions. The resulting uncertainty is thus not only a product of institutional dysfunction but increasingly a terrain of transnational contestation shaped by competing forms of legal mobilization. This dynamic, in turn, is reflected in the European-level initiative My Voice, My Choice, which explicitly aims to stabilise standards where national systems have become fragmented and uncertain.

Continued: https://verfassungsblog.de/legal-uncertainty-reproductive-rights/