The Struggle for Judicial Independence in Poland
WARSAW, Poland (AP) — The transition of power to Donald Tusk’s administration in Poland two years ago was seen as a shift from the populist approach of its predecessors. However, the task of depoliticizing the judicial system has proven challenging.
During its time in power from 2015 to 2023, the Law and Justice party (PiS) exerted significant political influence over Poland’s judiciary. This included appointing judges sympathetic to their cause in key courts and using disciplinary actions as a tool against dissenters. This strategy has drawn criticism from European courts and led to legal turmoil for ordinary citizens.
Despite attempts to reverse these changes, PiS-aligned presidents have repeatedly blocked efforts to reform the system. The political landscape in Poland remains deeply divided between urban, pro-European Union supporters of Tusk and conservative factions aligned with PiS, further complicating judicial reform.
Initially, Tusk appointed Adam Bodnar as justice minister, but he was replaced in July for insufficient progress. Bodnar remarked, “All those dreams have faded away by now and we can forget about them,” and expressed his concern about the ongoing complexities.
His successor, Waldemar Żurek, has taken a more aggressive stance against the PiS changes. In October, Żurek revealed that prosecutors were preparing charges against former Justice Minister Zbigniew Ziobro for alleged misuse of funds, including the purchase of Pegasus surveillance software.
Presidential Roadblocks
To address the judiciary issues, legislative changes are necessary, but they require presidential approval. This has been a significant hurdle, as President Andrzej Duda, a PiS ally, has not supported these changes. Bodnar noted, “It was natural to count on the change of president,” highlighting the need for a cooperative head of state.
Bodnar’s efforts included trying to restore the independence of the National Council of the Judiciary (KRS), which PiS brought under its control in 2018. Despite some successes, such as removing PiS-appointed court presidents and halting disciplinary actions against independent judges, Bodnar’s approach was considered too cautious by Tusk.
A New Approach
Following the election of Karol Nawrocki, an independent candidate backed by PiS, Żurek has presented proposals to reform the justice system, though he anticipates presidential vetoes. Żurek has vowed to pursue legal action against PiS allies, focusing on accountability for the abuse of power.
Jakub Jaraczewski from Democracy Reporting International emphasized Tusk’s strategy: “If we can’t introduce legislation because the president is blocking us, then we are going to go about it in a different way.”
Broader Implications
The struggle for judicial independence in Poland is a reflection of broader political polarization, which complicates efforts to protect the rule of law. This issue is not unique to Poland, with similar challenges observed in Hungary and the United States.
Żurek stresses the need for dialogue and education to bridge political divides, arguing, “We must speak also to those who do not understand the language of lawyers, but who take part in elections and can be manipulated by politicians.”
As Poland navigates these complexities, the outcome could offer valuable lessons for other democracies experiencing political polarization.
