
Poland

Poland exhibits mid-range performance across all four categories of the Global State of Democracy (GSoD) framework, and performs in the top 25 per cent globally in several factors. Between 2018 and 2023, Poland experienced significant declines in Representation, Credible Elections, Elected Government and Freedom of Expression. There have been no significant advances in Poland over this period. However, there have been recent steps towards democratic reform, including measures to safeguard the independence of judges and prosecutors, as well as the state media. Poland boasts a high-income economy that features dynamic automotive and aerospace, information technology, pharmaceutical and financial services sectors. Levels of income inequality in Poland are among the highest in Europe, with pronounced regional disparities. After a protracted brain drain, there are signs that recent economic growth, and particularly a vibrant information technology sector, is attracting members of the Polish diaspora to return.
Under the rule of Mieszko I in the 10th century, Polish tribes were united in a centralized state, yet Poland’s borders continued to evolve over the years. The state was partitioned by Russia, Prussia and Austria at the end of the 18th century, before Poland regained independence at the end of World War I. Historical memory, rooted in the experiences of World War II and decades as a satellite state of the Soviet Union, has left a traumatic legacy. This has often been weaponized by politicians, who use these memories to stir up nationalist sentiments. Following the peaceful fall of communist party rule, Poland transitioned to democracy in 1989. In more recent history, accession to the European Union (EU) in 2004 has sparked ongoing debates around national versus European identity, as well as the relationship between EU membership and national sovereignty. In 2024, the European Commission announced the end of a protracted dispute over the rule of law, during which the EU suspended funding to Poland citing breaches of EU rule of law principles and weak judicial independence, after the Polish government outlined plans for a sweeping judicial overhaul.
Poland has a fairly homogenous population, and features sizeable Silesian, Belarusian and German communities among its national-ethnic minorities, and a growing population of Ukrainian refugees. As immigration has risen over the past decade, authorities have been criticized by human rights organizations for overcrowding and poor conditions in migrant detention centres, as well as for committing violent “pushbacks.” The debate over secularity forms an important cleavage in Polish society, and right-wing parties tend to align themselves with the Catholic Church, using religion to promote “family values” at the expense of the rights of LGBTQIA+ communities as well as reproductive rights.
Poland performs in the mid-range in Gender Equality, shifting from high-range in 2021 in view of 2020 restrictions allowing abortion only under specific circumstances - such as when the mother’s life is at risk or if there are severe fetal defects - and subsequent crackdowns on abortion rights activists. However, recent positive developments impacting Gender Equality include the amendment of a law on domestic violence, including measures to improve protections for victims.
Looking ahead, it will be important to watch Rule of Law, including an ongoing investigation into misuse of the Justice Ministry’s resources intended for crime prevention. Recent legislative proposals to liberalize Poland’s strict abortion laws would improve access to healthcare for pregnant women and women’s reproductive rights more broadly, with impacts on Basic Welfare and Gender Equality. Finally, it will be important to watch recent legislation decriminalizing the use of weapons in border management for impacts on Social Group Equality and the Personal Integrity and Security of migrants. Impacts on Freedom of the Press can also be expected following the recent re-introduction of a border "exclusion zone" affecting the access of journalists and humanitarian workers to border areas.
Last updated: September 2024
https://www.idea.int/democracytracker/
April 2025
Last local authority repeals resolution undermining LGBTQIA+ rights
On 24 April, council members in Łańcut county voted to repeal a 2019 ‘charter of family rights.’ Łańcut’s move was welcomed by activists as among the last local authorities in Poland to reverse such measures. A majority of 13 of the 18 council members voted to repeal the charter, after the county’s medical centre was cut off from EU funding. In 2024, the Polish Commissioner for Human Rights warned the charter’s exclusion of council funding for certain NGOs, which are seen as undermining the understanding of marriage as a solely heterosexual institution, is discriminatory. From 2019 to 2020, over 100 local authorities adopted resolutions in support of ‘family values’ with some declaring themselves ‘free from LGTBQIA+ ideology’. These resolutions were resisted by Polish courts, including a 2022 ruling by the Supreme Administrative Court. The EU prohibited funding for projects involving local authorities that adopt discriminatory resolutions over concerns of violations of EU law.
Sources: Notes from Poland (1), Notes from Poland (2), Pink News, Łańcut County, Commissioner for Human Rights
President sends bill broadening hate speech definition to Constitutional Court
On 19 April, President Andrzej Duda referred a bill expanding the Penal Code’s hate speech provisions to the Constitutional Tribunal (TK), citing concerns over potential infringements on free speech. The bill adds sexual orientation, gender, age, and disability to the list of protected groups. Currently, publicly insulting a population group or individual based on national, ethnic, racial or religious affiliation is punishable by up to three years in prison, and cases of violence and unlawful threats carry up to five. The Justice Ministry introduced the bill in November 2024, aiming to strengthen protections from discrimination, prejudice and violence for minorities. Parliament voted to approve the bill on 6 March. The government does not recognise the TK’s legitimacy due to contested judicial appointments, refusing to publish its verdicts. It is unclear what will happen if the TK rules that the provisions are unconstitutional. If the government refuses to publish such a ruling, it would be unprecedented.
Sources: ConstitutionNet, President of the Republic of Poland, Notes from Poland (1), Notes from Poland (2), UNODC, Polskie Radio
March 2025
Parliament passes law allowing temporary suspension of asylum rights
On 13 March, the Parliament approved legislation allowing the government to temporarily suspend the right to asylum for up to 60 days at the border with Belarus. The government justified the legislation, arguing that Belarusian authorities are deliberately encouraging migrants to cross the border to destabilise Poland. The suspension period could potentially be renewed indefinitely with parliamentary approval. The law includes exceptions for vulnerable individuals such as unaccompanied minors, pregnant women, and people with special healthcare needs. There has been vocal resistance from civil society, and a network of Polish and European NGOs jointly expressed alarm at the plans in January 2025. The UN High Commissioner for Refugees (UNHCR) has expressed concerns over violations of international law, stressing that the non-refoulement obligation applies even in the context of the “so-called ‘weaponization’ of migrants and refugees.” The law was signed by President Andrzej Duda on 26 March.
Sources: ReliefWeb, UNHCR, Notes from Poland, International IDEA, Sejm, Euronews
Supreme Court resolution simplifies legal procedure for gender recognition
On 4 March, the Supreme Court adopted a resolution simplifying the procedure for changing gender identification in official documents and lifting family litigation requirements. In the absence of a legal procedure to legally change one’s gender, a practice requiring transgender people to sue their parents or legal guardians to achieve this purpose (even as an adult) had developed. The process was often lengthy, costly and traumatic, particularly when parents were unsupportive. The Supreme Court ruled that this can now be accomplished through non-contentious legal action, and that parents should not be treated as parties with a legal interest in gender recognition cases. The resolution was welcomed by civil society, including the Campaign Against Homophobia (KPH), which called it a step in the right direction, while calling for legislation to provide greater legal certainty for gender recognition.
Sources: Notes from Poland (1), Notes from Poland (2), Supreme Court, KPH, Fundacja Trans-Fuzja
February 2025
Former Prime Minister faces criminal charges over abandoned 2020 election
On 27 February, the Prosecutor’s Office in Warsaw charged former Prime Minister Mateusz Morawiecki, who currently serves as deputy leader of the opposition Law and Justice (PiS) party, with abuse of power over his attempt to organise a presidential election entirely by postal vote during the COVID-19 pandemic. In 2020, the previous PiS-led government scrapped plans to hold an election by postal vote following a dispute in the ruling coalition, after spending an estimated PLN 70 million (EUR 17 million). In the same year, an administrative court found Morawiecki had committed a “gross violation of the law”, undermining the authority of the National Electoral Commission as well as voters’ access to the ballot. The Prosecutor’s charges were brought following the recommendation of a parliamentary investigative commission established in 2023. Morawiecki, who claims the case is politically motivated, has waived his parliamentary immunity. The first trial or hearing dates are yet to be publicly announced.
Sources: Euractiv, X, Notes from Poland (1), Notes from Poland (2), Notes from Poland (3), Balkan Insight, PAP
December 2024
Former Deputy Justice Minister flees corruption charges
On 12 December, prosecutors issued an arrest warrant for opposition Law and Justice (PiS) party MP Marcin Romanowski, who fled to Hungary in December. He has been charged with participating in organized crime and abusing his power while serving as Deputy Justice Minister under the previous government. The opposition PiS party has claimed the charges are politically motivated, and Romanowski argues he would not receive a fair trial in Poland. Since coming to power in October 2023, the coalition government has pledged to hold former government officials accountable for alleged corruption and abuses of power. On 19 December, Hungary granted Romanowki political asylum after he fled Poland. On 23 December, Romanowski made several demands in a letter to the Polish Justice Minister as conditions for his return, including reversing key judicial reforms. Poland has threatened to challenge Hungary at the European Court of Justice if it fails to comply with the European arrest warrant system. As a next step, the Budapest Metropolitan Court will decide whether to extradite Romanowski to Poland.
Sources: Notes from Poland (1), Notes from Poland (2), Balkan Insight, Euronews, Polsat, Metropolitan Police
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