On 30 August, the government published new guidelines for hospitals and prosecutors, aiming to ease abortion access. The guidelines state that one doctor’s opinion confirming that the health of the mother is endangered is sufficient to terminate a pregnancy. Previously, healthcare providers often required opinions from several doctors or the convening of a medical board before offering access to a lawful abortion. Under the current law, abortion is legal only in cases where the mother’s health or life is at risk or if the pregnancy is the result of a crime. The guidelines also ensure access to an abortion on the grounds of protection of the mother’s mental health. A recent report from UN experts noted excessive requirements by certain hospitals, such as a certificate by a Catholic psychologist. This comes after an earlier development in June, when the government lifted the “conscience clause” that allows doctors to refuse to perform an abortion if it contradicts their beliefs.  

Sources: International IDEA (1), International IDEA (2), Notes from Poland (1), Notes from Poland (2), UN News, Chancellery of the Prime Minister, Center for Reproductive Rights

On 29 August, the National Electoral Commission (PKW) issued a fine to the former governing party, Law and Justice (PiS), for violating campaign financing regulations during the 2023 parliamentary elections. The Commission determined that PiS had illegally spent USD 930,738 (over PLN 3 million) of public funds for its campaign. The Commission stated that PiS took advantage of public military events as an opportunity for campaigning and stated that the party paid employees of government agencies to campaign on the party’s behalf. Owing to the violations of campaign funding, PiS will have its publicly-funded campaign allowance reduced by USD 2.59 million (nearly three times the total irregular spending identified in 2023), and receive cuts to its annual state funding, lasting until the 2027 parliamentary elections. PiS has the opportunity to appeal to the Supreme Court, and has claimed the decision aims to undermine the party’s chances in the 2025 presidential elections.

Sources: Reuters, Politico, Bloomberg, 300 Polityka, Notes from Poland, PKW, OSCE

On 12 July, the Sejm, Poland’s lower parliamentary house, approved amendments to the Homeland Defence Act and the Criminal Code, which exempts soldiers, border guards and police officers from criminal liability for the use of weapons against migrants attempting to cross into Poland under certain conditions. These circumstances include cases of self-defence or failure to comply with a request to surrender a weapon, explosive or “other dangerous item.” Legal experts point to the risk of the broad interpretation of a “dangerous item.” The amendments also provide officers accused of improper use of weapons with financial support to obtain legal assistance. The amendments were approved with overwhelming support (401 votes in favour and 17 against). The Defense Ministry introduced the legislation on 21 June after two soldiers were suspended from duty and charged with exceeding their powers after firing warning shots towards a group of migrants at the border with Belarus, sparking fierce political debate. 

Sources: Notes from Poland (1), Notes from Poland (2), Rzeczpospolita, Sejm (1), Sejm (2), International IDEA 

Following the death of a Polish soldier who was stabbed by a migrant attempting to cross the border on 29 May, the government re-introduced a controversial ‘exclusion zone’, in force as of 13 June for 90 days. The decision creates a restricted area on the Polish side of the border, where only local residents and authorised uniformed officers may enter. Any other individuals, including journalists, must apply to a border guard for a pass to enter. The zone was introduced by the previous government in 2021 and has been heavily criticised by NGOs for impacts on press freedom and the provision of humanitarian aid. The government has stated that the buffer zone aims to hamper the operations of smuggling groups and has accused Belarusian authorities of orchestrating migration to put pressure on Poland.

Sources: Notes from Poland, DW, European Council on Refugees and Exiles, Fundacja Ocalenie

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