22 May 2025
Poland’s Polarised Presidency
The first round of Poland’s presidential election has produced an inconclusive but politically charged outcome. With no candidate achieving an absolute majority, the second round will determine who succeeds Andrzej Duda in the Presidential Palace. This election marks yet another critical moment for Poland. In the short term, its outcome will be pivotal for the current government to deliver on promises concerning the rule of law, the judiciary, and more. In the longer term, winning the presidential race is a strategic stepping stone towards consolidating or reclaiming power. Continue reading >>
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31 October 2022
A Chamber of Certain Liability
The establishment of the Chamber of Professional Liability is the latest installment in the saga, in which the Polish Law & Justice government tries to ‘reform’ the Supreme Court. It shows, in a nutshell, all the major issues of the rule of law crisis in Poland: conflict with the European Commission and loss of EU funds; apparent concessions and leaving old issues intact; split in the Polish legal community between lawful and unlawful judges. All the elements of drama are here and it all begins with the Disciplinary Chamber of the Supreme Court. Continue reading >>
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06 June 2022
The European Commission Cedes its Crucial Leverage vis-à-vis the Rule of Law in Poland
The worst thing about the European Commission’s decision of 1 June 2022 to approve Poland’s EUR 36 billion national recovery plan, despite this country’s very meek (to put it mildly) assurances about improvements to its rule-of-law situation, is not even its substance, bad though that is. Worse still is the sequencing. Continue reading >>
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01 June 2022
Just a Feint?
A running joke in the pro-democratic military analyst community is about ridiculing the messages of pro-Russian experts who are pretending that the Russian defeat in the battle of Kyiv was "just a feint". I am afraid that the European Commission just walked into a similar strategic blunder with its deal with the Polish government on the recovery fund and the Supreme Court. Continue reading >>
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11 February 2022
When Is a Court Still a Court?
On 3 February 2022, the European Court of Human Rights (ECtHR) issued a judgment in the case of Advance Pharma sp.z o.o. against Poland. This is another judgment on the irregularities in the appointments of judges to the Polish Supreme Court, in which the ECtHR confirmed its previous rulings. But it also touched on several implications of its conclusions for the Polish judiciary. It suggests that they may be relevant for ordinary courts in Poland as well and that Polish authorities should ensure the possibility to reopen proceedings in certain situations. Continue reading >>
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05 November 2021
Helden unserer Zeit
Noch steht der Polnische Oberste Gerichtshof. Aber jetzt will die PiS-Regierung die Sache zu Ende bringen. Continue reading >>
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05 November 2021
Heroes of our Time
The Polish Supreme Court is still standing. But now the PiS government wants to complete the job. Continue reading >>
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11 August 2021
The Disciplinary Chamber May Go – but the Rotten System will Stay
The notorious Disciplinary Chamber of the Polish Supreme Court, unlawful under EU standards according to the European Court of Justice, will be abolished. The Disciplinary Chamber is perhaps the most abhorrent part of the system, but it is not the entire system. Systemic and ongoing persecution and harassment of independent judges may easily continue, and most probably will. No one should be duped by such a pars-pro-toto solution because, unless and until a broader change is introduced, it will remain a purely PR exercise, meant to reassure Brussels that the Recovery money should now be disbursed to Poland. Continue reading >>
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30 November 2020
Time Is of the Essence
The announced veto of the Hungarian and Polish governments on the EU multi-annual budget and the European recovery fund has caused a major stir in recent days in Europe. The conditionality mechanism is designed to safeguard the Union’s financial interests and complements the existing political and judicial mechanisms. It is expedient to review the state of play of the procedures in place and, if necessary, to pose questions, whether they stand up to the challenges posed by developments in the respective countries, if they are carried out in a timely manner and focus on genuine effectiveness. Continue reading >>
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26 May 2020