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Poland Faces Constitutional Crisis as Tusk Government Undermines Rule of Law, Claims New Report
Brussels, December 13, 2024 – A new report from the MCC Brussels warns of an escalating constitutional crisis in Poland under Prime Minister Donald Tusk. It details a coordinated assault on the rule of law that threatens to undermine democracy and judicial independence.
Access the full report here
According to the report, within a year of Tusk’s left-liberal coalition assuming power, Poland has seen an unprecedented weakening of democratic institutions. The new government has selectively ignored judicial rulings and bypassed constitutional processes to enact policies that serve its political agenda. Notably, it has seized control of the prosecutor’s office and state media while undermining the independence of the judiciary, including the Constitutional Tribunal and the National Council of the Judiciary.
Selective Justice and Political Retaliation
Tusk’s government justifies these actions as part of a broader “moral crusade” to "restore the rule of law" and hold the previous PiS-led government accountable, likening its agenda to postwar denazification efforts. However, the report argues that such rhetoric is a thin veil for authoritarian tactics to consolidate power. High-profile trials have been used as tools of political retribution, and the justice system is described as a theatre of political vendettas. Judges deemed adversarial to the government are subjected to “independence tests” that risk their removal if they do not comply with government expectations.
“The politicization of the rule of law violates the founding principles of democracy, which is that law and politics should be kept as far from each other as possible,” said Frank Furedi, Executive Director of MCC Brussels. “In collaboration with the EU Commission, the Tusk Regime practices the politicization of justice.”
EU's Complicit Silence
The report also highlights the European Commission’s alarming silence in response to these developments, noting the stark contrast to its previous actions when it imposed sanctions on Poland’s PiS government for similar rule-of-law concerns. The Commission’s inaction under Tusk’s leadership suggests tacit approval of the current government’s actions, a shift in the EU's stance that raises serious questions about its commitment to democratic principles.
While the Commission previously wielded its powers to sanction Poland for alleged judicial reforms under the PiS administration, it has remained conspicuously silent in the face of far more severe violations by the Tusk government.
A Threat to Democracy and Sovereignty
The report warns that if these trends continue, Poland risks descending into a de facto one-party system, where political opposition is criminalized and dissent is suppressed under the guise of “restoring democracy.” The erosion of judicial independence and the weaponization of law enforcement are seen as steps toward authoritarianism.
At the same time, the European Union’s credibility as a neutral arbiter of law is increasingly called into question, with concerns that the EU is prioritizing ideological conformity over the preservation of democratic pluralism. The report further argues that the EU’s selective application of the rule of law undermines its institutions and exacerbates divisions between member states.
Implications for Europe
Poland’s crisis is not just a domestic issue but a cautionary tale for Europe. The report suggests that the EU’s current response to the situation in Poland could set a dangerous precedent for how democratic principles are enforced across the continent. The increasingly political nature of EU rule-of-law mechanisms may encourage other member states to follow Poland’s path, undermining democracy.
