On December 4th, Professor Katarzyna Kułak-Krzysiak from the John Paul II Catholic University of Lublin, during her research stay in Valencia, visited the Cardenal Herrera CEU University in Valencia to conduct a seminar on the state of the Rule of Law in Poland within the framework of the research project “Rule of Law Crisis in the EU”.
During the seminar, participants explored the challenges faced under the government of the Law and Justice Party (PiS), the expectations generated by the new government formed after the recent elections, and the tensions arising from having a president of a different political orientation.
The Rule of Law in Poland since 2015
Professor Katarzyna Kułak-Krzysiak explained how, since 2015, the Law and Justice Party has implemented a series of measures that have significantly weakened the Rule of Law in Poland. Among the most controversial changes were the capture of the Constitutional Tribunal, control over the judicial system, and the enactment of decisions establishing the primacy of Polish law over European law, in contradiction to the fundamental principles of the European Union (EU).
The European Commission, in its latest reports on the Rule of Law in Poland (2021-2023), has identified two key risks:
–The public and business perception that the level of judicial independence is very low.
–Amendments and modifications to key laws such as the Law on the Organization of Ordinary Courts, the Law on the Supreme Court, and the Polish Law on the National Council of the Judiciary have contributed to the weakening of judicial independence.
Expectations with the New Government
The recent change of government following the 2023 parliamentary elections has generated hope for an improvement in the Rule of Law situation in Poland. The European Commission has recognized the initial efforts of the new cabinet to restore democratic values and judicial institutions to the point of deactivating the procedure under Article 7 TEU—suspension of a Member State’s rights—initiated against the country.
In fact, the latest Commission report (2024) indicates some progress in judicial and prosecutorial independence, although public perception of judicial independence remains low.
However, challenges persist. The composition of the Constitutional Tribunal and other bodies remains dominated by judges appointed during the PiS government, many of whom were selected through questionable, non-transparent procedures.
Additionally, the coexistence of a liberal and progressive national government with a PiS-affiliated president poses serious obstacles to implementing significant reforms. Uncertainty about the next presidential elections adds an element of unpredictability to the future of the Rule of Law in Poland.
Political Polarization in Poland
Professor Katarzyna Kułak-Krzysiak also highlighted the political polarization in Poland. While the PiS maintains support in rural areas and small towns due to direct economic aid policies, large urban centers lean toward the opposition, led by Donald Tusk. This divide reflects not only political differences but also deep economic and cultural disparities.
The seminar concluded with a reflection on how the upcoming 2025 presidential elections will be a turning point that could define Poland’s path in its effort to realign with the principles of the European Union.
