The Polish government is striving to restore the rule of law that was undermined by the previous populist administration, but political divisions in the country mean the chances of success are slim. The Ministry of Justice presented its plan on Thursday in an effort to fulfill a key electoral promise of the coalition government led by Prime Minister Donald Tusk, which took office in late 2023.

The main issue lies in determining the fate of thousands of judges appointed under the previous Law and Justice party government, in a process that Polish and European courts have ruled “flawed” and undermining judicial independence.

Justice Minister Waldemar Żurek told Politico in an interview: “We are about to decide what to do with those called the new judges, and how to handle their cases, to speed up court procedures without triggering lawsuits in European courts, especially the European Court of Human Rights, which could cost the Polish government compensation.”

He added that the previous judge nomination process “damaged” the judiciary. Restoring the rule of law is Żurek’s main task; the former judge was appointed by Tusk this summer to reverse the judicial reforms carried out by Law and Justice and hold its officials accountable.

Under the rule of Law and Justice, which governed Poland from 2015 to 2023, relations between Warsaw and Brussels became strained due to growing concerns that government changes to the judiciary undermined the EU’s democratic rules. In response, the European Commission froze billions of euros in EU funds, while the EU’s highest court imposed hefty fines on Poland.

A few weeks after taking office, Tusk managed to persuade the Commission to release €137 billion based on his promise to end the rule of law dispute by bringing the Polish justice system back into compliance with EU standards.

But this early effort was thwarted by slow government procedures and President Andrzej Duda, a Law and Justice loyalist who pledged to veto any legislation that undermines the legal reforms made under Law and Justice.

The newly elected president, Karol Nawrocki, also allied with Law and Justice, vowed to resist any changes to the system established by the previous government.

During his visit to Estonia on Friday, Nawrocki said he would study Żurek’s proposal, but the minister’s recent actions “do not inspire optimism,” accusing him of “brutally” violating the law and constitution.

Poland’s rule of law problems date back to Law and Justice’s political takeover of the National Council of the Judiciary in 2018, when judges themselves largely chose the council members. The Polish Supreme Court and European high courts, including the EU Court of Justice and the European Court of Human Rights, found the National Council of the Judiciary system lacked independence, and rulings by about 2,500 judges appointed by the council are at risk of being annulled.

The European Court of Human Rights is currently postponing the resolution of hundreds of cases related to these judges, awaiting Poland’s attempt to address the issue, granting Poland until November to fix it.

According to Żurek, Poland is paying a high price for the chaos caused by Law and Justice in its attempt to build what it called an “authoritarian system,” where courts protect the ruling party’s interests.

Poland has received fines amounting to €700 million from the EU Court of Justice and has so far paid very little compensation for rulings issued by improperly appointed judges.

Source: Politico

* Poland’s rule of law issues stem from Law and Justice’s political takeover of the National Council of the Judiciary in 2018.