1. Introduction

The Polish constitutional crisis, also referred to as the rule of law and democracy crisis (Ash, 2016; Berendt, 2016; Schulz, 2016; Veser, 2015), centres primarily on the paralysis of the Constitutional Tribunal. The Constitutional Tribunal, a sole guardian of the Constitution, has found itself in a stalemate since autumn 2015 when the Law and Justice Party (PiS) came into power. The conservative Party has crippled the Tribunal by the non-acceptance of the three Tribunal’s judges elected by the previous Sejm (Lower Chamber of the Polish Parliament) and by the amendments to the Constitutional Tribunal Act, which effectively disabled its functioning. Such actions have provoked vociferous domestic and international reactions. For instance, it has triggered the following reactions: widespread protests around Poland, the creation of the Committee for the Defence of Democracy, criticism espoused by academics and NGOs, the ’debate about Poland’ in the European Parliament, the initiation of the unprecedented EU Commission procedure under 2014 Rule of Law Framework, and the unfavourable for the Polish government Venice Commission Opinion.

In the European context, as well as in the national one, corruption has always represented an antisocial, unethical, and illegal behaviour affecting the welfare of the society by favouring the interests of a limited number of individuals. 

As our democratic society aims towards an ideology based on liberty and progression, normality is highly associated with a fast growth of the living standards and the wellbeing of the community. Consequently, this leads to an accelerating desire for swift enrichment, gaining personal advantage and material assets. In this manner, what we define as ‘normality’ gains its significance through the necessity of possessing something. The sensible question which may arise is whether non-participation in the process of stopping corruption and our indifference make us co-authors or participants in crimes, or our endeavors to combat this phenomenon is a benefit to the whole society?

According to Article 2 of the 1989 Convention on the Rights of the Child, ‘States […] shall respect and ensure the rights […] to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status’. 

The main focus of this article orbits around the question whether the National Oil Companies (NOCs) are beset by problems when not using the Norwegian Model in governing the hydrocarbon resources? Could the Norwegian model be enforced in other countries? What is the cause-effect relation between the non-implementation of such a separation-of-functions model and the inherent problems that NOCs are faced with. 

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