Poland's Judicial Reform Efforts Face Stalemate Amidst Presidential Opposition

Government's Reform Agenda Stalled

Poland's judicial reform efforts, spearheaded by Prime Minister Donald Tusk's government, are currently facing a significant impasse. The administration, which came to power in December 2023, has pledged to restore the rule of law and reverse controversial changes made to the judiciary by the preceding Law and Justice (PiS) government. However, these efforts have been consistently met with opposition from President Karol Nawrocki, leading to a protracted stalemate.

Legacy of Previous Judicial Changes

Between 2015 and 2023, the Law and Justice (PiS) government implemented a series of reforms that critics argued undermined judicial independence and politicized the courts. These changes included altering the composition of the National Council of the Judiciary (KRS), allowing for political appointments, and establishing new chambers within the Supreme Court staffed by so-called 'neo-judges'. The European Union had previously frozen billions in funds for Poland due to concerns over these rule-of-law violations, making the restoration of judicial independence a key condition for their release.

Tusk's Efforts to Restore Rule of Law

Prime Minister Donald Tusk's government has made the depoliticization of the judiciary a central pillar of its agenda. Efforts have focused on reforming institutions like the KRS to ensure judges are selected by their peers rather than by political appointees. The government's initial Justice Minister, Adam Bodnar, worked on draft laws and engaged in negotiations with the presidential office. However, perceived slow progress led to his replacement by Waldemar Żurek in July 2025, who has adopted a more confrontational approach.

Presidential Vetoes and Ideological Divide

The primary obstacle to Tusk's reforms has been President Karol Nawrocki, who assumed office on August 6, 2025, with strong backing from the PiS party. President Nawrocki has repeatedly used his presidential veto power to block judicial reform bills passed by the government. He has publicly stated his refusal to approve what he terms 'segregation of judges into neo-judges and paleo-judges,' asserting his role as a 'guardian of the constitution' to uphold existing laws concerning the KRS. This stance reflects a deep ideological divide, with Nawrocki advocating for a 'sovereign Poland' that maintains national identity, often clashing with the pro-EU agenda of Tusk's government.

Implications for Poland's Governance

The ongoing stalemate has significant implications for Poland's governance and its relationship with the European Union. The inability to pass comprehensive judicial reforms through standard legislative means has forced Tusk's government to explore secondary legislation and non-legislative measures. Furthermore, the Constitutional Tribunal, which remains largely composed of PiS-aligned judges, has also ruled against government bills aimed at overhauling the KRS, further complicating the reform process. This political gridlock continues to fuel polarization within Poland, making the restoration of judicial independence a complex and ongoing challenge.