Nov 20, 2025

Can Poland Rebuild Its Democratic Institutions Without Breaking Them Further?

By: Noah Weiner

Poland’s 2023 election was noted as a critical turning point. After eight years, the Law and Justice Party (PiS), a coalition led by Donald Tusk gained enough seats to attempt a democratic course correction. For many Poles, and outside watchers, the outcome of this election seemed like a rare reversal in a global environment where classic democratic erosion only casts in one direction. Even so, a primary issue presented itself; reversing years of judicial capture, media manipulation, and partisan transformation requires intense and highly assertive actions. Yet, aggressive action risks mimicking the very same norm-aversion that caused the initial erosion years ago. Now, Poland faces a difficult trail back, and a very visible and public test: whether a democracy can restore its institutional legitimacy without damaging its credibility along the way.

Between the years of 2015 and 2023, PiS slowly but surely restructured the country’s political framework in a way that fits into the classic pattern of stealth authoritarianism. The Constitutional Tribunal was packed in with loyalists by means of irregular and odd appointments. Many judicial bodies were reworked in order to give the executive branch power over the courts. Mass media and public broadcasting were reformed into a pro-government propaganda vehicle, and civil service rules were amended so that former independent positions could be filled in by party loyalists. These moves individually did not amount to any real democratic collapse, but they eroded checks and balances and hollowed out a space for pluralistic discourse. By the time the 2023 election rolled around, many institutions were completely gutted out, even if on paper they were still technically functioning. 

After their success in the recent election, the new coalition entered office with a broad mandate to “restore the rule of law,” but the vague public expectations quickly crossed with the actual legal and political limitations. This became most obvious in the Judiciary. Tusk’s government argues that many of the judges appointed under the PiS administration lack constitutional legitimacy, especially those that were selected by the highly politicized National Council of the Judiciary. However, their critics counter that a mass invalidation of judges risks throwing the courts into legal chaos and might even further undermine the judicial independence that became so volatile. If the government bypasses the normal procedures in order to correct past abuses, it would risk legitimizing the shortcuts the PiS normalized in their term. This balance demonstrates a wider dilemma: how do you rebuild a democracy using tools that don’t themselves violate traditional democratic norms. 

Media reform brings up a similarly delicate situation. This new government has quickly reasserted independence over state broadcasting networks, which for nearly a decade basically served as the PiS communication department. While most Poles welcomed the shift back towards independence, opponents claim the government is using its power to orchestrate an unconstitutional takeover. The actual legal basis for restructuring the media remains at arms, with courts split between if these reforms comply with existing structures in place. Even if the intent is positive, the process itself exposes the government to accusations of selection bias and has the potential to deepen the country’s polarization. This polarization is one of Poland’s most difficult obstacles to get around. The country is divided just on policy disagreements, but on actual conceptions of legitimacy. PiS supporters will often describe the new government’s actions as a “coup by procedure”, claiming that Tusk is undoing the election by dismantling institutions previously held by their own officials. At the same time, the new government frames PiS networks as illegitimate relics of past partisan culture that need to be dismantled and restructured in order to restore stability. The difficulty comes when both sides present themselves as the true defenders of democracy, with institutional repair becoming increasingly retroactive. 

Despite these tensions, Poland luckily has plenty of assets that most cases of reverse-backsliding lack. Poland’s civil society is extremely active and independent, consistently mobilizing towards norms and judicial independence. Courts, even when they’ve been stuck under immense pressure, have not collapsed entirely. Certain chambers continue to issue rulings that prevent the executive from entrenching power. The 2023 election itself highlighted that electoral integrity remains intact and stable, something not available in other cases of advanced erosion like Hungary’s. These strengths make Poland a rare case where democratic restoration is not just a dream, but a genuinely feasible opportunity. Still, feasibility does not guarantee success. The largest long term risk is that institutional repairs become indistinguishable from partisan conflict. If restoring the rule of law is framed as a punishment to the previous administration rather than authentic rebuilding, Poland risks normalizing a cycle where each new government gets to remake the state in their image. That pattern would gradually promote majority domination, the exact dynamic that leads to long-lasting delegitimization.

Ultimately, Poland’s transformation is just as important beyond its own borders. If they can succeed, it becomes a rare instance where democratic erosion is reversible through lawful mechanisms. However, if it fails, it reinforces the trend that once governments are headed down the path towards erosion, future institutions are trapped between ineffective caution and overreach. The stakes are high not only for Poland’s democracy, but for the credibility of future cases of erosion worldwide to follow in their footsteps.

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3 Comments

  1. Rebecca Viana

    This post touches on a very important issue regarding how methods of democratic resilience need to restore democracy in a way that doesn’t ruin its reputation. Democratic resilience can only occur through actions that are strong enough to save a country from democratic backsliding, which can be mistaken by the population as actually creating a deeper erosion of democracy. Poland is certainly a unique case, given that it has specific strengths that are able to combat anti-democratic tendencies seen in civil society, elections, and even the judiciary. However, as you rightly mention in your post, certain anti-democratic actions such as media reforms, may lead to more polarization within the country, creating further division during a time when people should work together towards a more democratic Poland. Although democratic resilience is an overall positive movement, it can certainly make room for opposite parties to claim that they are the best representation of what a democratic Poland should look like. If Poland is already sensitive to such polarization, this will be an interesting aspect to pay close attention to if the country is able to successfully achieve democratic resilience.

    Poland has had a chaotic history with its democracy. From being a communist nation to transitioning to democracy and then experiencing democratic backsliding under the Law and Justice Party, Poland has experienced turmoil and still persevered to an extent. I believe that historical context is powerful when it comes to understanding Polish politics, given that its history has been unique. If Poland has been able to combat communism, authoritarianism, and a semi-dictatorship, does this track record provide a greater possibility for the country to reverse this democratic backsliding trend? Additionally, how can the government explain to the public that actions of democratic resilience need to somewhat match the severity of anti-democratic actions in order to uphold a democratic system?

  2. Jackson Marsh

    This post captures a genuinely difficult problem: how do you fix institutions using processes that were themselves compromised? The framing of Poland as a test case for reversible democratic erosion is compelling, and the core tension between ineffective caution and destabilizing overreach feels like the right way to understand what the government is navigating.

    I’m also struck by the comparison to Hungary that the post briefly raises. Poland still has electoral integrity and active civil society, but Hungary had those things too at earlier stages of erosion. Understanding what specific factors allowed Poland to course-correct through elections while Hungary couldn’t seems crucial for figuring out whether Poland’s restoration is genuinely durable or just a temporary pause before the next round of institutional conflict.

    That said, I think there’s an underexplored question about what legitimacy actually means when the institutions designed to confer it have been captured. You frame the dilemma as a choice between following normal procedures (which risks leaving partisan judges in place) and bypassing them (which risks mimicking PiS’s norm violations). But this assumes there’s a neutral procedural baseline to return to. After eight years of systematic capture, that baseline may no longer exist. If the National Council of the Judiciary was illegitimately politicized, then judges it appointed don’t gain legitimacy just because formal procedures were technically followed. The procedure itself was corrupted.

    This suggests Poland’s challenge isn’t really about following rules versus breaking them. It’s about figuring out which rules still carry democratic legitimacy and which have been hollowed out. That’s a harder problem because it requires making substantive judgments rather than just deferring to formal processes.

  3. Alexander Skiadas

    Poland’s delicate challenge of undoing years of institutional damage without repeating the same mistakes is definitely an interesting study. You explain that after a long time of control over courts, media, and other institutions, strong reform is necessary. However, when these assertive reforms risk “norm-aversion,” they could undermine stability.

    I find this tension really important and intriguing. On one hand, judicial autonomy, bipartisan institutions, and a free press must be restored because of how fundamental they are to a nation’s governmental success. However, sweeping reforms could obliterate stability.

    The gradual approach, however, risks leaving root problems unaddressed. A more assertive plan may be the only way to “clean house” without leaving issues unsolved. After such a long period of political instability, strong reform pushes may be the only way to regain credibility; citizens may see assertive reform as the only way to undo the visible usurpation of power.

    Overall, your post gives a realistic view of recovering from democratic erosion. It is not as simple as throwing out a despot. Rebuilding institutions and doing so legitimately is also a considerable factor to ensure they can withstand future pressure. The Polish example shows how there is no bright-line rule on the path to democracy; it varies on a case-by-case basis.

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