(Photo by European Parliament via Flickr/CC BY 2.0)
Listen to this article:
From 2015 to 2023, the right-wing Law and Justice Party (PiS) ran Poland’s government . Significant democratic backsliding—a weakening of democratic systems and freedoms—marked this period. The Polish government undermined the independence of the judiciary by replacing judges with loyalists and exerting control over the free press.
Human rights also came under attack in Poland during the PiS’ eight-year rule, with the government appealing to socially conservative voters by the erosion of LGBT+ rights and reproductive rights. Notably, PiS nearly completely outlawed abortion in Poland during its time in government. The European Union, of which Poland is a member, even blocked billions of euros in pandemic stimulus funding to Poland due to its democratic backsliding.
A New Government and Promises of Reform
In October 2023, the PiS was ousted in Poland’s parliamentary elections amidst record turnout. Together, the opposition won a majority in both houses of parliament, the Sejm (lower house) and the Senate (upper house). Since then, a coalition of three parties—the Civic Coalition, the right-leaning Third Way, and the Left—governs Poland. Prime Minister Donald Tusk, who belongs to the centrist Civic Coalition, leads this broad group. The new government promised wide-sweeping changes, including freedom of the press, the judicial system, and abortion rights.
Under the new government, press freedom in Poland has improved—according to Reporters Without Borders, “verbal attacks and [frivolous lawsuits] against privately owned media by the government have decreased” since the 2023 election. In February 2024, the European Commission also restored over one hundred billion euros in funding after Poland made strides to free the judicial system from government interference.
However, many other reforms have yet to come into effect. Abortion still remains illegal in Poland, and same-sex couples are still unable to have their relationships recognized by the government. This raises questions about the extent to which Poland’s new government can overcome systemic barriers to enacting its promised reforms.
Strengthening Poland’s Democracy—and How the PiS is Fighting Back
Under the PiS, Poland’s state media was heavily politicised and essentially became a government propaganda machine. Upon taking office in 2023, Donald Tusk’s government prioritized reforms to depoliticise state media, including dismissing the leadership of TVP, Poland’s state broadcaster. However, these efforts have been blocked by the PiS-controlled courts, reflecting the party’s continued influence over key institutions. The PiS-aligned president, Andrzej Duda, has also continued to block and veto the new government’s proposals.
Despite these challenges, the new government has implemented some notable changes, such as introducing fairer allocation of government advertising to reduce the bias favouring government-aligned media outlets. To its credit, Poland has risen 10 places in the Reporters Without Borders list of press freedom since the new government’s takeover in 2023, largely due to the gradual reforms implemented.
The PiS also undermined judicial independence in Poland, introducing laws that made judges subject to disciplinary action, pressuring them to issue rulings that align with government priorities. These measures, widely criticized for compromising judicial impartiality, began to be dismantled under the PiS owing to EU pressure, but the new government has fully discontinued these disciplinary hearings. The PiS-controlled legislature also stuffed courts with their own appointees, particularly the Constitutional Tribunal, which continues to uphold PiS-era laws today.
Judicial independence was a major point of contention in Poland-EU relations, and the EU even sued Poland over claims that the Constitutional Tribunal’s rulings conflicted with EU law. The Tusk government has worked on revising the nomination process for judges to prevent future politicization of the courts. Yet, progress remains stalled due to resistance from PiS-controlled legislative bodies and judges loyal to the previous administration, highlighting the enduring influence of the PiS era.
Little Progress on Human Rights Improvements
The PiS government also showed disregard for human rights: abortion remains illegal in Poland except in cases of rape, incest, or if the mother’s life is in danger. Despite this carve-out for saving the mother’s life, many women have lost their lives after being unable to obtain life-saving abortions. Echoing doctors in some U.S. states, doctors were afraid of accidentally breaking abortion laws and thus refused or delayed performing abortions until they were too late. A report released by the United Nations in August 2024 “concluded that Poland’s restrictive abortion laws endanger the health and lives of women and cause mental and physical suffering.”
The Tusk government has introduced a bill that would allow for abortions up to twelve weeks into a pregnancy. Still, the bill failed due to opposition from the PiS and some conservative members within Tusk’s coalition. Similarly, President Duda vetoed a bill that would have made access to the morning-after pill easier for women and girls aged 15 or older, despite broad parliamentary support.
The new government has also introduced a bill to legalise civil partnerships for same-sex couples, granting some but not all the rights associated with marriage. The bill comes after a European Court of Human Rights ruling that Poland’s failure to provide same-sex couples with recognition constitutes a human rights violation. Despite the court ruling, adoption rights were taken out of the civil partnership bill due to concessions demanded by one of Tusk’s coalition partners, diluting the impact of the bill.
Poland’s Upcoming Presidential Election: Can Change Finally Happen?
Another political earthquake may soon shake Poland in its upcoming presidential election, scheduled for May 2025. President Duda, nominally independent but aligned with the PiS, has hit the two-term term limit and will not run for office again. Over the past year, Duda has repeatedly clashed with Prime Minister Tusk’s government, with the two saying they could not find common ground. Duda has also blocked many of the other reforms proposed by the government.
Polling currently has the pro-democracy candidate and Mayor of Warsaw, Rafał Trzaskowski, ahead of PiS candidate and historian Karol Nawrocki. However, with five months to go, the political landscape remains uncertain. A pro-democracy president would pave the way for more wide-reaching reforms since the PiS would no longer have a veto over any bills that do not align with their agenda.
The president’s veto power also extends beyond legislation, as Duda has served as a roadblock to further progress on restoring judicial independence in Poland. For example, he blocked the dismissal of a pro-PiS prosecutor who the current government argues was appointed illegally. Replacing Duda with a pro-democracy leader can be a critical step toward reducing partisan influence in Polish courts and advancing judicial independence. However, systemic reforms will still require sustained efforts beyond the presidency.
What Can We Learn?
Poland’s experience offers lessons on both the challenges and opportunities of restoring democracy and basic rights after years of erosion under authoritarian rule. Hungary, a nearby EU country, is also experiencing democratic backsliding under its “illiberal” Prime Minister, Viktor Orbán, who has also trampled on democracy and human rights during his time in office.
At the same time, Poland also illustrates some difficulties with this – authoritarian leaders will obstruct any progress where possible. Poland’s new government has attempted to restore human rights and basic democracy, but as long as PiS picks still exert influence in the presidency and judiciary, progress will be obstructed. For example, despite their defeat in the 2023 legislative elections, the PiS delayed handing over power for the maximum allowed period, thus postponed forming a new government.
Furthermore, Poland shows that the responsibility to uphold democracy is held jointly by both voters and politicians. On one hand, politicians should push harder for the reforms they promise to implement, especially if the vote fails due to opposition within their own coalition – as in the case of abortion. Failure to pass reforms could demoralise voters. On the other hand, voters have a responsibility to vote in elections – real reform could be within sight if PiS loses the upcoming presidential election. Conversely, reform could be impossible if Poland re-elects a PiS president.
Ultimately, it will be up to Poland’s voters to come out again, as they did in the 2023 parliamentary election, to reject authoritarianism. Voters in Hungary, the U.S., and other countries where democratic backsliding occurs will also face this critical point. As shown by the PiS, authoritarians will use all tactics at their disposal to maintain systems that keep them in power – pro-democracy leaders must therefore use all tools they have to fight back.
Edited by Light Naing
