Poland - June 2023

The European Commission launched an infringement procedure against Poland for violations of EU law, following Poland’s adoption of legislation in May 2023 establishing a special committee that could block people found to be influenced by Russia from holding public office. The law was found to “unduly interfere with the democratic process” and violates the principle of democracy enshrined in the Treaty on the EU. The law was also found to conflict with EU data protection laws (lacking safeguards for the protection of sensitive personal data), as well as the principles of legality and non-retroactivity of sanctions, and the rights to effective judicial protection, established in the EU Charter of Fundamental Rights. Mobilising against the new law, hundreds of thousands of Poles protested in Warsaw against the ruling Law and Justice (PiS) party, with smaller protests across Poland.

Sources: European Commission, Euractiv, Notes from Poland (1), Notes from Poland (2), Gazeta Wyborcza, Financial Times

The Court of Justice of the EU ruled on 5 June that judicial reforms passed in December 2019 infringe on EU law. The case was brought by the European Commission and covered five complaints in relation to the independence and private life of judges. The ruling held that requiring judges to disclose previous political membership and participation in associations infringes on the right to respect for private life, as it may reveal personal beliefs and expose them to stigmatisation. In a separate case, the European Court of Human Rights (ECHR) found that Poland violated the rights of Igor Tuleya, a judge who vocally opposed the government’s judicial reforms. Tuleya was stripped of immunity, suspended from work, and charged with unauthorised disclosure of information to the public in 2020. The ECHR found infringements on Tuleya’s right to a fair trial, respect for private life and freedom of expression.

Sources: Court of Justice of the EU (1), Court of Justice of the EU (2), Euronews, Notes from Poland (1), Notes from Poland (2), European Court of Human Rights, Onet

On 6 June, the Supreme Court overturned a presidential pardon of four former Central Anti-Corruption Bureau (CBA) officials and ordered the lower court to continue its investigation. The officials include former head of the CBA Mariusz Kamiński, who had been appointed to the role by the Law and Justice (PiS) party. Kamiński serves in the current government as Interior Minister and is the deputy head of PiS. In 2015, the four officials were found guilty of abuse of power and given ten-year bans on public service. They subsequently appealed against the convictions before receiving pardons from President Duda. A decision by the Constitutional Court (TK), widely seen as being under the influence of the ruling PiS party, had earlier upheld the pardon on 2 June. PiS officials have maintained that the case falls outside the competence of the Supreme Court.

Sources: Notes from Poland (1), Notes from Poland (2), Euractiv, OKO Press, Onet, wPolityce, Associated Press