The government announced plans to roll back changes made by the previous government between 2015 and 2023, which had expanded political influence over the judiciary. On 20 February, the government approved draft legislation aimed at depoliticising the National Council of the Judiciary (KRS), the body charged with nominating judges. The legislation, which will now go to Parliament, would see KRS judges elected by all Polish judges in a universal and secret ballot (currently, they are appointed by the Sejm, the lower parliamentary house). The planned reforms further aim to tackle disciplinary liability for judges applying EU law, the so-called “muzzle law”, and to discontinue unjustified disciplinary proceedings. Additionally, the plans seek to separate the office of the Minister of Justice and the Prosecutor General. The government has controversially removed the Law and Justice (PiS) party loyalists from key positions by claiming they were illegitimately appointed, including the National Public Prosecutor who was replaced in February.

Sources: Ministry of Justice (1), Ministry of Justice (2), Politico, Notes from Poland (1), Notes from Poland (2), Euronews, European Commission, Financial Times, Forsal, International IDEA

On 9 January, two opposition MPs, the former interior minister and former deputy interior minister, were arrested and stripped of their parliamentary mandates and immunity. In December, the men had been sentenced to two years’ jail for abuse of power committed in 2007. In response, the two MPs took refuge in the Presidential Palace, which hindered the police. Previously, President Andrzej Duda had pardoned them, but the Supreme Court subsequently invalidated that pardon. The men were eventually arrested and went on a hunger strike, claiming to be political prisoners. The opposition Law and Justice party subsequently organized an anti-government protest, drawing tens of thousands of people. On 23 January, the men were released after President Duda issued a new pardon, but it remains unclear whether they should still be considered MPs, since the Constitution bars people with convictions from serving as MPs.

Source: Washington Times, Notes from Poland (1), Notes from Poland (2), Notes from Poland (3), RTE, Politico (1), BBC, X - Tusk, Politico (2) 

Prime Minister Tusk’s political alliance, the Civic Coalition (KO), has submitted a bill to the lower house of Parliament (the Sejm) to allow abortion up to the 12th week of pregnancy, and afterwards under specific circumstances such as when the mother’s life is at risk or if there are severe fetal defects. The current law in Poland states that abortion is banned in all situations except for if the mother’s life is at risk or the pregnancy is the result of a crime. The strict laws have caused healthcare workers to be extremely restrictive in performing abortions, often leaving pregnant women without adequate access to healthcare. Donald Tusk’s election platform had promised the liberalization of abortion laws within 100 days of him taking office. However, the issue is deeply divisive and there is disagreement even within the government coalition, where the Third Way (Trzecia Droga, TD) Alliance wants to present the matter to voters in a referendum.

Sources: The Sejm – bill, The Guardian, France 24, Notes from Poland (1), Notes from Poland (2), Euractiv 

Following a resolution by the Parliament’s lower house (the Sejm) to restore reliability and impartiality to public media, the current Minister of Culture removed the chairmen and boards of state-owned television, radio, and news agencies. The overhaul of state media was met with protests from the opposition, with PiS MPs staging a sit-in in the state news channel TVP’s headquarters. President Andrzej Duda called the move a violation of the Polish Constitution, stating that a resolution by the Sejm cannot be put above Polish law. While the state media has been heavily criticized by international observers for being influenced by PiS during its time in office, the sudden overhaul of state media by Donald Tusk’s government has raised concerns. The Helsinki Foundation for Human Rights has argued that the dismissal of public media management by a government minister contradicts the requirement for public media to be independent from political interference.

Sources: France 24, Notes from Poland (1), AP News, The Parliament, Notes from Poland (2), HFHR

The European Court of Human Rights ruled in the case of M.L. v. Poland that the applicant’s rights to the respect for private and family life (set out in Article 8 of the European Convention on Human Rights) had been violated by abortion rights restrictions. After her foetus was diagnosed with Downs syndrome, the applicant was forced to travel abroad for an abortion. As a result, she incurred additional financial and psychological burdens, after a 2020 Constitutional Court judgment prevented her from accessing an abortion in the case of foetal abnormalities. The Court further upheld an earlier decision from 2021 that the composition of the Constitutional Court had included judges who had been appointed through irregular procedures, and therefore the interference with her rights had not been lawful. Poland was ordered to pay the applicant EUR 16,004 in damages.

Sources: ECHR (1), ECHR (2), Federa, European Network of National Human Rights Institutions, Notes from Poland (1), Notes from Poland (2)

The European Court of Human Rights (ECHR) found that there had been a violation of five Polish same sex couples’ rights to respect for private and family life (Article 8 of the European Convention on Human Rights), due to the country’s lack of legal protections for same-sex relationships. In the case of Przybyszewska and Others v. Poland, the ECHR found that Poland had failed to adhere to its obligations as a Member State to provide adequate recognition of same-sex relationships. The applicants repeatedly had their marriage applications rejected by Polish authorities, where the Polish Constitution holds that marriage must be between a woman and a man. The Polish government is required to report to the Council of Europe on the implementation of the judgment.

Sources: ECHR (1), ECHR (2), ECHR (3), Gazeta Prawna, ILGA-Europe, Notes from Poland

Following parliamentary elections held on 15 October, the incumbent Law and Justice (PiS) party won the largest share of the vote (35.4 per cent), but it was unable to hold onto its majority in Parliament. All seats in both houses of Parliament (the Sejm and the Senate) were contested. The main opposition party, Civic Platform (KO), came second with 30.7 per cent of the vote and 157 seats. Its two likely coalition partners, Third Way (Trzecia Droga) and The Left (Lewica) finished with 14.4 per cent of the vote (65 seats) and 8.6 per cent (26 seats) respectively. Far-right Confederation (Konfederacja) secured 7.2 per cent of the vote and 18 seats. Voter turnout was 74.4 per cent. The lower house will comprise 136 women lawmakers (29.6 per cent), and 17 women were elected to the upper house (17 per cent). A total of 44 per cent of candidates standing in the elections were women. According to international observers, the elections were competitive but characterized by public media bias and mismanagement of public resources.

Sources: Wybory, Notes from Poland (1), Notes from Poland (2), Notes from Poland (3), Notes from Poland (4), Action Network, International IDEA, OSCE