Poland’s parliament has approved a contentious bill altering the judicial oversight of this May’s presidential election, sparking accusations of power consolidation by Prime Minister Donald Tusk’s government. Passed on January 24, the legislation excludes judges appointed by the former Conservative (PiS) government from certifying election results.
Currently, the Supervisory Chamber of the Supreme Court oversees the registration of candidates and validates election outcomes—a process that confirmed the last parliamentary election, ushering in Tusk’s center-left government. However, tensions have flared between Tusk’s administration and the Supervisory Chamber after the court reinstated state funding for PiS, a decision the government has refused to enforce, leaving the funding blocked.
In response to growing friction, Speaker of Parliament Szymon Hołownia, a centrist coalition leader, introduced a bill to transfer election supervision from the Supervisory Chamber to the Supreme Court’s 15 longest-serving justices. Advocates of the change argue that the Supervisory Chamber’s legitimacy has been questioned by both the European Court of Justice and the current Polish government.
Despite opposition from PiS and the right-wing Confederation party, the ruling coalition pushed the bill through. PiS MP Marek Ast criticized the law as a “power grab,” accusing the government of selectively differentiating between judges and undermining presidential authority to appoint them. PiS also noted that 12 of the 15 justices under the new system began their careers during Communist times, raising further concerns.
President Andrzej Duda, an ally of PiS, has voiced reservations about the legislation. His aide, Łukasz Rzepecki, stated that the bill violates the principle of avoiding major electoral changes within six months of an election. Duda also criticized the inconsistency of Tusk’s government in recognizing the Supreme Court’s role in other elections while rejecting its authority for the presidential race.
If Duda refuses to sign the bill, it will be effectively nullified, as Tusk’s coalition lacks the three-fifths majority needed to override a veto. This impasse could leave the election certification process in limbo, potentially triggering a legal dispute over the results.
With the presidential election approaching, recent polls suggest shifting dynamics. The gap between Tusk’s candidate, Warsaw Mayor Rafał Trzaskowski, and PiS candidate Karol Nawrocki is narrowing. Meanwhile, support for Confederation’s candidate, Sławomir Mentzen, continues to climb, adding more unpredictability to an already contentious race.
As Poland gears up for the May election, the battle over election oversight underscores the deep divisions between government and opposition, with potential implications for the legitimacy of the democratic process itself.
