Report “The Process of Restoring the Rule of Law in Poland – From the Perspective of the Rule of Law” (Warsaw 2025).

Overview

The report, prepared by a team of experts, examines what it calls unlawful actions against the Polish Constitutional Tribunal (CT) since December 13, 2023, when Donald Tusk’s coalition came to power. It argues that the so-called “restoration of the rule of law” is in practice a political campaign aimed at undermining the CT and other conservative-leaning institutions. The document is based on official sources, including a criminal notification filed in January 2025 by the President of the Constitutional Tribunal.

I. The Constitutional Tribunal – Role and Structure

• The CT is Poland’s constitutional court with powers to review the constitutionality of laws, statutes, treaties, and political parties.

• Judges (15 in total) are elected for 9 years and enjoy independence, immunity, and irremovability.

• Its rulings are final, binding, and must be published.

• Various state authorities, organizations, and individuals have standing to bring cases.

The CT’s constitutional function makes it a guardian of sovereignty and a check on government overreach.

II. Unprecedented “Revolt”

• The EU’s Advocate General Dean Spielmann (March 2025) described the CT’s judgments from 2020–2021 as an “unprecedented revolt” against EU law supremacy, particularly rulings:

  • On the primacy of the Polish Constitution over EU law (Oct. 2021).

  • On interim EU measures interfering with Poland’s judiciary (July 2021).

• The CT’s 2020 abortion ruling also triggered international controversy.

• The report argues that these rulings made the CT a target for EU institutions, NGOs, and foreign governments, as it blocked “leftist revolution” attempts.

III. December 2023 – Beginning of the “Restoration” Campaign

• When Donald Tusk took office (Dec. 13, 2023), his government declared “restoring the rule of law” a top priority.

• Adam Bodnar became Minister of Justice & Prosecutor General, leading this agenda.

• An Inter-Ministerial Team was created to propose legislative changes. NGOs like Iustitia, Themis, and Helsinki Foundation for Human Rights joined.

• International actors (EU Commission, US Ambassador, Council of Europe, OSCE) openly backed these reforms.

• Cooperation with EU milestones was tied to unlocking billions in EU recovery funds.

IV. Action Plans and Legislative Proposals

• February 2024: Poland presented its Action Plan for Restoring the Rule of Law to the EU.

  • Reform of the National Council of the Judiciary (NCJ) – judges electing judges.

  • Recognition of “irregularities” in the CT’s composition and presidency.

  • Reform of the Supreme Court – dismantling the Chamber of Extraordinary Review and abolishing extraordinary appeals.

  • Separation of the Minister of Justice and the Prosecutor General.

  • Formal accession to the European Public Prosecutor’s Office.

• March 2024: “Package of Solutions” for the CT included:

  • A Sejm resolution calling on CT judges to resign.

  • A citizen-led draft act coordinated by NGOs (funded partly by USAID).

  • Constitutional amendments to shield the CT from future politicization.

V. Sejm Resolution of 6 March 2024

• Declared certain CT judges illegally appointed and stripped their rulings of legal force.

• Stated Julia Przyłębska’s presidency had expired, making her “unauthorized.”

• Called for a new CT composed with opposition votes.

• This resolution bypassed constitutional amendment procedures and used a non-binding act as a de facto law change.

• May 28, 2024: The CT ruled the resolution unconstitutional, calling it an abuse of power and an attack on separation of powers.

VI. Non-Publication and Ignoring CT Rulings

• Since March 2024, the government has often refused to publish CT judgments, or suggested publishing them with an “asterisk” disclaiming their validity.

• This undermines the CT’s authority and legal certainty.

VII. Violations and Removal of Judges

• The government pursued measures to:

  • Nullify CT rulings.

  • Remove sitting judges via draft constitutional amendments.

  • Seek opinions from the Venice Commission (aligned with EU demands).

  • Use budgetary cuts to defund the Tribunal.

VIII. International Dimension

• Bodnar engaged in constant dialogue with EU leaders, the OSCE, the Council of Europe, and US officials.

• Lectures abroad framed Poland’s reforms as a return to European values.

• EU institutions praised Poland’s direction and linked compliance with access to EU funds.

IX. Escalation and Crisis

• By late 2024, conflict between the CT and government deepened:

  • Investigations were launched against CT leadership.

  • The President of the Tribunal formally notified prosecutors of suspected crimes.

  • The Tribunal itself attempted initiatives for compromise, but government ignored them.

• December 2024: Bodnar summarized the year as “cleaning Augean stables,” calling for deep institutional reforms.

X. Overall Findings

The report concludes:

• The so-called “restoration of rule of law” is unconstitutional because it bypasses legal amendment procedures and openly disregards CT rulings.

• The government, under the pretext of EU integration, is effectively dismantling judicial independence and subordinating the CT to political will.

• International organizations and foreign-funded NGOs have strongly influenced and supported these efforts, especially through conditional EU funds.

• The Constitutional Tribunal, once a key safeguard of sovereignty, is now paralyzed by political interference.

Download the Report from here:

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