Poland on Front Line of Europe’s Rule-of-Law Battle

Critics call the reforms a step-by-step takeover of institutions vital to democracy. 

As determined as PiS is to restructure the system, others are equally bent on resisting the changes. From street protests to legal challenges by judges and lawyers, the backlash has been considerable.

The refusal of Supreme Court President Malgorzata Gersdorf to leave office despite a PiS law forcing her retirement has become a symbol of resistance. Images of Gersdorf turning up at the office every day carrying white roses have become iconic.

Critically, the battle has reached the European Court of Justice (ECJ) in Luxembourg.

This year, the ECJ started to issue final rulings in a series of cases related to the rule of law in Poland, resulting from either infringement procedures initiated by the European Commission or requests for preliminary rulings submitted by Polish courts. 

In a much-awaited judgement due this autumn, the ECJ is set to rule on how some of the PiS reforms impact judicial independence.

By using the Polish rule-of-law cases, the ECJ is expected to position itself as a guarantor of judicial independence of courts across the EU.

By using the Polish rule-of-law cases, the ECJ is expected to position itself as a guarantor of judicial independence of courts across the EU.

Analysts say this would constitute an important line of defence of the European project against illiberal challengers keen to dissolve the separation of powers that is essential for any functioning democracy.

Malgorzata Gersdorf, president of the Supreme Court, holds roses during a protest against judicial reforms in front of the Supreme Court building in Warsaw in July 2017. Photo: EPA/PAWEL SUPERNAK