In a candid interview with Olivier Bault of Poland’s Ordo Iuris Institute, Professor Anna Labno, a constitutional law scholar at Tarnów Academy, criticized Prime Minister Donald Tusk’s government for undermining the rule of law during its first year in office.
“It’s only been a year,” Tusk’s Civic Platform proclaimed to mark the coalition’s anniversary. Yet, Professor Labno argues that this year has seen a systematic dismantling of Poland’s legal foundations, all under the banner of “militant democracy.”
Labno drew comparisons between the current left-liberal coalition and its predecessor, the PiS-led United Right, which faced intense scrutiny from Brussels for alleged rule-of-law violations. She highlighted the origins of the ongoing dispute over Poland’s Constitutional Tribunal, noting that the government’s refusal to publish rulings stems from long-standing tensions over three disputed judges.
The professor elaborated on the concept of “militant democracy,” a term frequently invoked by Tusk to justify controversial measures. This approach, intended to safeguard democracy by countering anti-democratic threats, has instead, according to Labno, been weaponized to erode judicial independence and democratic norms.
Labno also addressed significant reforms and proposals, including the 2017 overhaul of the National Council of the Judiciary and the recent change in the National Prosecutor’s position. She reserved her harshest critique for a September proposal by Justice Minister Adam Bodnar to vet judges, calling it “inconceivable in a democratic system.”
“What is being proposed today is a violation of judicial independence, the independence of the courts, that is, a denial of everything that is the foundation of a democratic state,” Labno warned.
Her remarks underscore mounting concerns over Poland’s legal and political trajectory, raising questions about the balance between safeguarding democracy and preserving the rule of law.
