18 June 2025
A Constitutional Settlement Is Poland’s Only Hope
In Poland, the narrow defeat of liberal Warsaw Mayor Rafał Trzaskowski by the ultra-conservative Karol Nawrocki in the June 1st presidential election marked a turning point. The possibility of restoring the pre-2015 constitutional order has effectively vanished. But this does not mean Polish democracy is doomed. Poland’s European partners must recognize the dramatic shift Polish voters delivered. Rather than fixating on the formal legality—or illegality—of the dizzying array of judicial reforms and counter-reforms enacted since 2015, the time has come to encourage all sides to pursue a national constitutional settlement. This new framework must address not only judicial independence but also the deeper social and political polarization now defining Polish life. Continue reading >>
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17 June 2025
Beyond Legal Restoration
A recently published proposal by former Constitutional Court judge Béla Pokol suggests introducing a new emergency regime designed to defend Hungary’s illiberal system against potential re-democratization efforts by a future government. Together with international criticism of Poland’s judicial reform in its process of democratic renewal, this provokes a profound reckoning: traditional legal formalism may no longer serve the needs of constitutional recovery. It is time for a post-formalist approach to democratic reconstruction. Continue reading >>
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11 June 2025
Anatomy of a Liberal Fall
In Poland, just one week ago, Karol Nawrocki – a virtually unknown, PiS-backed candidate with a murky past – surprisingly defeated Rafał Trzaskowski, deputy leader of the centrist Civic Platform and mayor of Warsaw. How could such a random figure triumph over an experienced and popular politician? In this commentary, I argue that Trzaskowski’s defeat was no accident, but the latest chapter in a longer political story – one shaped by public frustration, broken promises, the emptiness of Polish liberalism, and anti-elitist sentiment present in the society. Continue reading >>
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10 June 2025
What Nawrocki’s Victory Means for Europe
On June 1st, Polish voters rendered a fateful decision in the presidential election. Karol Nawrocki narrowly defeated Rafał Trzaskowski, the pro-European mayor of Warsaw. Nawrocki’s victory carries profound implications for Poland’s domestic trajectory. Moreover, despite what some commentators have argued, the new president might also well pose a threat for the European Union. Continue reading >>12 March 2025
A PR Stunt Over Accountability
In the previous Law and Justice administration, the Public Prosecutor’s Office (PPO) had been significantly compromised. Under the Prosecutor General Ziobro, it systemically pursued political and business opponents, quashed dissent, and silenced critical voices. Well over a year has passed since these dark times have officially ended. Poland’s new government has promised to bring justice to the victims and assure accountability for the prosecutors. The Open Dialogue Foundation has analysed the nation-wide audit of the PPO’s cases and concluded – the reality is disappointing. Continue reading >>
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11 February 2025
Beyond Formal Legality
The Venice Commission’s position on Poland’s judicial reforms presents a paradox: it warns that measures to restore the rule of law could themselves violate it – even though the rule of law has already been undermined. To solve this paradox, I propose two conceptual clarifications. The first one applies distinction between violating and departing from formal legality. The second one recognizes that judges unconstitutionally appointed under an illiberal regime cannot be acknowledged as legitimate judges in the constitutional sense. Continue reading >>
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15 January 2025
The Branch That Finally Snapped
The story goes: a Polish politician, after allegedly committing a crime, leaves Poland and settles in Hungary. While historically not uncommon, the act of Hungary granting “asylum” to Marcin Romanowski generates crucial legal questions regarding the EU’s legal order. More specifically, what kind of asylum is at play here, whether this act was lawful from the perspective of the EU law, and what impact it has on the Union’s legal system. Continue reading >>19 December 2024
Lay Judges in Common Courts
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. Continue reading >>
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19 December 2024
Schrödinger’s Judges
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. Continue reading >>
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18 December 2024
Restoring the Rule of Law
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. Continue reading >>
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