Poland’s 2025 presidential election hangs in the balance as tensions flare between the electoral regulator (PKW) and the Supreme Court’s Supervisory Chamber. The chamber, tasked with certifying candidate registrations and election results, has been disavowed by the PKW and the current center-left government.
On December 16, the PKW voted to disregard a chamber ruling that reinstated state funding for the opposition Conservatives (PiS). The move was based on the European Court of Justice’s (ECJ) finding that judges appointed during the previous PiS government lacked guarantees of judicial independence due to recommendations by the National Judicial Council (KRS).
However, PKW chairman Justice Sylwester Marciniak opposed the decision, warning it could lead to “the paralysis of state bodies,” including the election regulator itself. Marciniak also reminded the PKW that the chamber had certified the results of the 2023 election, which led to a shift in government.
“If the registration of any candidate for the presidential election is denied by the election regulator but later reversed by the court, the lack of recognition of that decision would throw the election into chaos,” Marciniak cautioned.
Despite this, most PKW members, aligned with the government led by Prime Minister Donald Tusk, voted to delay further discussion until the chamber meets their demands for reform. These changes require cooperation between PiS-aligned President Andrzej Duda and the ruling majority, creating a political deadlock.
The PKW’s stance raises doubts about its ability to administer the presidential election without acknowledging the Supervisory Chamber’s authority to certify results. Speaking to TV Republika on December 17, President Duda criticized the move, arguing it undermines the presidential prerogative to appoint judges.
“If someone questions one of the chambers of the Supreme Court and uses the term ‘neo-judges,’ they are effectively challenging the president’s authority to appoint judges. I will always defend the appointed judges,” Duda declared, hinting at a potential standoff with the Tusk-led majority.
While Parliament Speaker Szymon Hołownia will set the election date, the PKW is responsible for overseeing the process. Decisions made by the PKW can be challenged in the Supervisory Chamber, which the regulator currently refuses to recognize. This could escalate the dispute to the Constitutional Court, the only body authorized to rule on the constitutionality of legislation.
Complicating matters further, the Tusk government has questioned the legitimacy of the Constitutional Court itself, claiming it was improperly constituted. This multifaceted conflict leaves Poland’s upcoming election in a precarious position, with no clear resolution in sight.
