In December 2023, the new Polish government set out to repair the country’s rule of law and restore the judiciary’s independence. Twelve months later, this symposium evaluates what progress Poland has made, what issues remain unaddressed, and what the outlook is for the rule of law in a country that’s about to assume the Presidency of the Council of the EU.
The 2025 Polish Presidency of the Council
Jakub Jaraczewski – Poland’s 2025 Presidency of the Council of the EU arrives at a moment of political turbulence and high stakes, with security as its flagship theme. While Poland’s government promises a fresh, value-driven approach, its own challenges in fully restoring the rule of law and balancing pragmatism with EU ideals may temper its ambitions.
The Winding Road To The Mountaintop
Krzysztof Izdebski – In the Rule of Law in Poland Action Plan, the Polish government outlined its approach to restoring the rule of law in the country. It might have been a good starting point for developing the concept of restoring the rule of law. However, it remains unsatisfying that, after so many years of discussing the collapse of the rule of law, more elaborate ideas for its restoration were not put on the table, and the Action Plan lacks concrete proposals.
Restoring the Rule of Law
Maria Skóra – Poland has become a real-time laboratory of rule of law restoration. The new government is faced with the fundamental question of how to tackle undemocratic reforms with legitimate, democratic measures. Avoiding obstruction by the affiliates of the outgoing regime and suppressing the desire for retribution by the injured parties presents the biggest challenge. Yet, the Polish government has a rare occasion to lead by example on how to solve the rule of law crisis not only by legal, but also political means.
Schro’0308dinger’s Judges
Micha’0142 Stambulski – What happens when judges are both legitimate and illegitimate at the same time? In post-2023 Poland, tension arises between ‘old judges’ (pre-2018), accusing ‘neo-judges’ of ethical compromise, and the new government, which aims to maintain judicial continuity. As a result, neo-judges find themselves in a state akin to Schrödinger’s cat, their legitimacy simultaneously affirmed and denied. This paradox encapsulates the broader struggle over judicial authority and political influence in the country.
Lay Judges in Common Courts
Jaros’0142aw Gwizdak – Lay judges in Poland, who play a crucial role in enhancing civic participation in the judiciary, have seen their role marginalized over time due to systemic changes and professional judges’ attitudes. Lay-judges do not feel adequately appreciated, do not see their function as a source of pride. Despite being undervalued and facing dwindling interest from citizens, revitalizing their participation through legislative reforms and a fresh narrative could strengthen public trust and legitimacy in the justice system.
One Year After Wa’0142’0119sa v. Poland
Marcin Szwed – Despite some progress, the Polish government faces immense political and structural hurdles in implementing ECtHR judgments concenring the rule of law. Because November 2025 marks one year since the ECtHR issued the pilot judgment in Wa’0142’0119sa v. Poland, it is a good moment to reflect on the progress made by the current authorities in implementing ECtHR judgments. This post delves into the steps taken, the obstacles ahead, and the question of whether a coherent plan exists to navigate this legal and constitutional crisis.
Charting Change
Karolina Kremens – The ongoing reform of the Polish Prosecution Service, initiated by separating the roles of Prosecutor General and Minister of Justice, aims to restore the rule of law and enhance the institution’s independence and effectiveness. Yet, achieving this goal requires comprehensive reforms to address longstanding issues and external factors. Success hinges on legislative support, particularly from the Ministry of Justice, and overcoming resistance to change among prosecutors, marking a potential new era for the institution.
Protecting Poland’s Public Media
Anna Wójcik – Poland’s 2025 Presidency of the Council of the EU arrives at a moment of political turbulence and high stakes, with security as its flagship theme. While Poland’s government promises a fresh, value-driven approach, its own challenges in fully restoring the rule of law and balancing pragmatism with EU ideals may temper its ambitions.
Blinded by Legality
Kim Lane Scheppele – The Venice Commission’s recent opinions on Poland’s judicial reforms have prioritized formal legality over substantive judicial independence. The Commission thereby effectively legitimizes the judiciary captured under the previous autocratic government. The Commission’s shift contrasts sharply with its own prior critiques and European court rulings, raising concerns that the Commission’s stance now shields autocracy under the guise of legality.
Can the Rule of Law Be Restored by Violating Its Principles?
Gábor Halmai – Poland’s 2025 Presidency of the Council of the EU arrives at a moment of political turbulence and high stakes, with security as its flagship theme. While Poland’s government promises a fresh, value-driven approach, its own challenges in fully restoring the rule of law and balancing pragmatism with EU ideals may temper its ambitions.
