Recent Polish public law reforms

Abstract:

The 2016–2017 period was the time of dramatic changes in Polish public law, resulting
from the assumption of legislative and executive power by a group that remained in
opposition for ten years, i.e. Law and Justice (‘Prawo i Sprawiedliwość’, hereinafter referred to as PiS), a conservative party with a programme referring to Christian democracy.

The ruling majority won the election campaign under the ‘good change’ slogan, declaring that they would undertake many serious and far-reaching social and political reforms. Such reforms in the political system are largely limited by the lack of a majority capable of amending the Constitution; however, the changes deeply penetrate the matter which has so far been considered inviolable, especially as they affect the judiciary.

One of the first steps taken by PiS after gaining the parliamentary majority was to initiate a revolution in the Constitutional Tribunal (CT), which began – like a classic revolution – by interrupting the succession of power. In the case of the Polish Tribunal, this involved questioning the election of five constitutional judges by the previous Parliament at the turn of the term of office and the appointment of their successors. The constitutional crisis caused by these events ran a turbulent course, connected with the instrumental amendments to the Acts on the CT, and was also commented on by the European community.