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Poland

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
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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
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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
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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
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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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Global ranking per category of democratic performance in 2023

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Representation
56/173
Rights
45/173
Rule of Law
67/173
Participation
66/173

Basic Information

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Population Tooltip
36 687 353
System of government
Parliamentary system
Head of government
Prime Minister Donald Tusk (since 2023)
Head of government party
Civic Platform (PO)
Electoral system for lower or single chamber
List Proportional Representation
Women in lower or single chamber
31.3%
Women in upper chamber
19.0%
Last legislative election
2023
Effective number of political parties Tooltip
3.95
Head of state
President Andrzej Duda
Selection process for head of state
Direct election (two-round majority)
Latest Universal Periodic Review (UPR) date
15/11/2022
Latest Universal Periodic Review (UPR) percentage of recommendations supported
38.20%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
Signatory
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
No Action
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
in
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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rights
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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