Donald Tusk, in the middle, joins Warsaw Mayor Rafal Trzaskowski on the left and former President Lech Walesa on the right in a protest organized by Civil Platform, a coalition of political parties currently in power in Poland. The Law and Justice party took control of the legislative and executive branches of the government eight years ago, leaving the judiciary as the only branch opposing its political agenda. The party then proceeded to make significant changes, including appointing loyal judges to Poland’s constitutional court and the body responsible for selecting judges. These changes were deemed unconstitutional by legal scholars. The European Union withheld financial aid, criticizing these reforms as a threat to judicial independence.
Now, Prime Minister Donald Tusk’s new government seeks to restore judicial independence and unlock EU funds. However, the road ahead is challenging. Warsaw Judge Igor Tuleya faced suspension for questioning these reforms but was later reinstated. With 30% of judges in Poland being recent appointees under the Law and Justice party, the task of restoring the judiciary’s independence is daunting.
Deputy Justice Minister Arkadiusz Myrcha acknowledges the deep-rooted changes made to the judicial system and the challenges of reversing them. He emphasizes the need to repair the nomination process of judges rather than ousting them. Despite opposition from President Andrzej Duda, Myrcha remains hopeful that the upcoming presidential election could bring about change. Justice Minister Adam Bodnar aims to signal a commitment to the rule of law both domestically and internationally, hoping to pave the way for restoring Poland’s democratic institutions. The European Commission is optimistic about Poland’s plan to restore the rule of law, with the possibility of releasing frozen funds.