A recent survey suggests many Poles believe the rule of law has deteriorated since Prime Minister Donald Tusk’s coalition government replaced the previous Conservative (PiS) administration in December 2023.
The SW Research poll, commissioned by Rzeczpospolita and published on January 4, revealed that 35% of respondents felt the rule of law had worsened under Tusk. Meanwhile, 28% saw no change, 24% thought the situation had improved, and 13% offered no opinion.
Adding fuel to the fire, a report titled Rule of Law in Ruins, released by the Association of Polish Lawyers on January 2, accused Tusk’s government of unlawfully seizing control of institutions and focusing on “revenge and retribution” for the PiS’s eight-year rule. Despite pledges to restore judicial integrity, the government has struggled to convince the public of its progress.
A poll from September 2024 by Dziennik Gazeta Prawna found 51% disapproved of Tusk’s admission that some decisions might not fully align with legal “purists.” Moreover, 51% viewed the government negatively, compared to 40% with a favorable opinion. Another survey by CBOS, the state-owned research agency, indicated 32% supported the administration, while 40% opposed it.
Though Tusk’s Civic Coalition (KO) has maintained a narrow edge over PiS in voting intention polls, controversies linger. KO’s presidential candidate, Warsaw Mayor Rafał Trzaskowski, currently leads PiS challenger Karol Nawrocki by 7-10% in most polls ahead of May’s election.
During its tenure, PiS faced criticism from European institutions for reforms perceived as undermining judicial independence by tying legal appointments to parliamentary control. However, Tusk’s policies, while receiving European Commission approval and unlocking frozen funds, have not been free from controversy. Critics argue his government bypasses constitutional checks and has breached legal norms.
Parliamentary Speaker Szymon Hołownia admitted on January 7 that the situation was a “huge mess.” The Rule of Law in Ruins report alleged Tusk’s administration had effectively sidelined the Constitutional Court and Supreme Court, replaced laws with decrees, and centralized control over prosecutors and judges.
The report also detailed claims of abuse, including the appointment of a government-friendly national prosecutor without President Andrzej Duda’s consent. This move allegedly spurred politically motivated investigations against opposition MPs. Furthermore, the government has sidelined judges appointed under PiS’s 2018 reforms, labeling them “neo-judges” and excluding nearly a quarter of the judiciary from the bench.
Lastly, the report warned that the government’s refusal to recognize the Supervisory Chamber of the Supreme Court could jeopardize the legitimacy of the upcoming presidential election in May.
With Poland’s political landscape increasingly polarized, the debate over the rule of law under Tusk’s leadership shows no signs of slowing down.
