Poland’s Supreme Court has ruled that the justice minister, Waldemar Żurek, and his predecessor, Adam Bodnar, acted unlawfully when they removed three judicial disciplinary officials—Piotr Schab, Przemysław Radzik, and Michał Lasota—before their fixed terms expired. The court’s professional liability chamber said the ministers lacked a clear statutory basis to dismiss them early, emphasizing that public …
On December 18, 2025, the Court of Justice of the European Union ruled that Poland’s Constitutional Tribunal breached fundamental principles of EU law and cannot be considered independent or impartial. The court cited serious irregularities in the appointment of the tribunal’s president and several judges, most of whom were installed under the former Law and …
Poland’s rule-of-law crisis escalated after a group of Supreme Court judges—appointed during the former Law and Justice (PiS) government’s controversial judicial overhaul—issued a resolution rejecting the European Union’s right to regulate Poland’s justice system. They further claimed that no public authority may disregard their rulings, even when EU law is invoked. The session was marked …
Poland’s Constitutional Tribunal (TK) has struck down a government bill aimed at overhauling the National Council of the Judiciary (KRS), a central institution in Poland’s years-long rule-of-law crisis. The decision—expected due to the TK’s continued dominance by judges appointed under the previous Law and Justice (PiS) government—declares the reform unconstitutional. The Tusk government, which does …
Leonardo Puleo, Ramona Coman, “Explaining Judges’ Opposition When Judicial Independence Is Undermined: Insights from Poland, Romania, and Hungary.” Democratization, vol. 31, no. 1 (2023): 47–69. Summary: Over the past decade, governing parties in Central and Eastern Europe have dismantled liberal democracy, violating the rule of law and limiting the power of judges. This article examines …
Maciej Kisilowski, “The Middlemen: The Legal Profession, the Rule of Law, and Authoritarian Regimes.” Law & Social Inquiry, vol. 40, no. 3 (2015): 700–722. Summary: Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by …
David M. Driesen, The Specter of Dictatorship: Judicial Enabling of Presidential Power. Redwood City: Stanford University Press, 2021. Summary: In The Specter of Dictatorship, David Driesen analyzes the chief executive’s role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to …
Agnieszka Kubal, “Judicial Relational Legal Consciousness: Authoritarian Backsliding As A Catalyst Of Change.” Journal of Law and Society, vol. 51, (2024): 45-65. Summary: In the context of Poland’s authoritarian backsliding between 2015 and 2023, this article examines how legal professionals—particularly judges—respond to democratic erosion by reinterpreting and invoking human rights law. Some judges have taken …
Martín Gandur, Taylor Kinsley Chewning, and Amanda Driscoll, “Awareness of Executive Interference and the Demand for Judicial Independence: Evidence from Four Constitutional Courts.” Journal of Law and Courts, vol. 13, no. 1 (2025): 122–47. Summary: Awareness of courts has long been theorized to engender enhanced support for judicial independence, but this is a logic that …
Petra Gyöngyi, “The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay.” International Journal of the Law in Context (UK), vol. 20, no. 2 (2024): pp.166-183. Summary: Hungary and Poland have been in the spotlight regarding their democratic backsliding, with Executives exerting control …