Poland’s Rule-of-Law Repair: Trapped in Institutional Paralysis?
Summary
Two years since taking office in Poland, the governing coalition led by Prime Minister Donald Tusk has made limited progress in repairing the rule of law following the backsliding under the previous government led by the Law and Justice (PiS) party. The change of government in December 2023 raised hopes of democratic repair but legislative reformsremain at an early stage. This reflects not only the depth of institutional damage done by PiSbut also political constraints.
The Tusk government has been operating under the conditions of cohabitation with PiS-backed presidents, first with Andrzej Duda and since August with Karol Nawrocki. The constitutional framework grants significant powers to the president, including the authority to veto statutes and to refer them for constitutional review. Cohabitation has drastically curtailed the ability to pursue rule-of-law reforms, particularly in judicial governance. Moreover, the preparation of draft legislation in several key fields has proceeded more slowly than expected.
In 2024, the parliament passed three acts aimed at restoring constitutional standards: two concerning the Constitutional Tribunal and one reforming the National Council of the Judiciary, but none has entered into force. Duda referred the three acts to the Constitutional Tribunal, which remains an illiberal enclave aligned with PiS, and in the course of this year ithas invalidated all three. Consequently, legislative change regarding the institutions central to judicial independence is effectively paralyzed.
The government also pledged to separate the offices of minister of justice and prosecutor general, a reform long demanded by European monitoring bodies. Despite repeated commitments, this change has not yet been implemented.
The most sensitive challenge for repairing the rule of law concerns judges appointed througha politicized procedure introduced under PiS. Addressing their status is necessary to restore judicial independence and to protect legal certainty. However, it involves difficult decisions affecting accountability, individual rights, and systemic stability. Although a legislative proposal is now ready, Nawrocki has indicated that he will veto any major judicial reform. He has also announced the creation of a new advisory body under the presidency to draft proposals for reforming the justice system, a move widely seen as an attempt to stymie the government’s initiatives.
Overall, the effort to repair the rule of law in Poland is constrained by polarization, institutional stalemate, and a political context that is increasingly dominated by the approach of the parliamentary elections scheduled for 2027. While the government remains committed to reform, presidential obstruction and the continued role of the Constitutional Tribunal as a veto player limit progress. Poland therefore finds itself in a prolonged phase of limited rule-of-law repair.
Anna Wójcik is a ReThink.CEE Fellow 2021 of the German Marshall Fund of the United States.