Apr 19, 2026

Democratic Erosion in Poland’s Judicial Reform

By: Nancybella Rago

Poland is actively making corrupt efforts to silence those who muster the courage to speak out. In late 2019, the Polish Sejm approved a new law, the muzzle law, that is aimed towards taking complete governmental control of the judiciary’s structure and inner functions. Ultimately this law is working to end Poland’s ability to call itself a democracy. 

 

The muzzle law allowed the Polish government to fire judges or cut their salaries for speaking out against legislation aimed at the judiciary or for questioning the legitimacy of new judicial appointees. These actions are conveyed through the Law and Justice party (PiS). Karol Nawrocki, Poland’s President, is a part of the PiS party and is a prime actor contributing to these corrupt efforts.

 

Defining “democratic erosion” as it relates to the muzzle law

 

According to David Waldner and Ellen Lust, democratic erosion is a “deterioration of qualities associated with democratic governance, with any regime.” Freedom of expression is among these qualities, and judicial appointees are explicitly being stripped of this democratic right. 

 

The muzzle law thus hinders judicial independence by imposing salary cuts or outright dismissal of judges who speak out against the legitimacy of the judicial restructuring in Poland. The law also seeks to mitigate discourse between judges regarding reforms and dissuades them from political organizations that critique the PiS party. Under a democratic regime, anyone and everyone has the right and freedom to join and form organizations. Henceforth, it is clear that the muzzle law is evidence of democratic erosion in Poland because it deteriorates this quality of democracy. 

 

According to an article published in 2025, Poland’s President Karol Nawrocki stated that he will refuse to nominate or promote any judges who question the validity of federal appointees under the previous government’s judicial overhaul. Within that time frame Nawrocki rejected 46 judicial nominations and vowed to block similar candidates who question the legitimacy of PiS policy. This is hence another quality of democracy that the muzzle law seeks to deteriorate: a universal eligibility for public office. Ultimately, the president’s actions are perceived as an intimidation tactic against judges who refuse to follow the PiS ‘agenda. 

 

What happened in more recent events?

 

In October of 2025 Poland’s current Minister of Justice, Waldemar Żurek, announced prosecutors were ready to press charges against former Justice Minister Zbigniew Ziobro, the prime actor of the PiS judicial reform. They alleged that Ziobro misused a fund for victims of violence such as the purchase of Israeli Pegasus surveillance software, a database that can secretly access messages, calls, and data from a target’s smartphone. It was later proclaimed that PiS used Pegasus to illegally spy on political opponents while in power.

 

Just three months ago, Ziobro was granted asylum in Hungary. Zurek proclaims he will not let the abuse of power go unpunished. However, according to an AP News article, Zurek is aware he could potentially pay a high price if PiS returns to the party in the next parliamentary election, as he remains an active critic of PiS’s judicial reform. He speaks with unusual ease about the possibility that he could end up in prison, saying “it would be an honor.” Nonetheless, the willingness of critics to openly discuss the possibility of imprisonment highlights a troubling democratic decline in Poland, where challenging government-backed judicial reforms can carry significant political and personal risks.

 

What can the people do?

 

Preserving democracy still lies at the hands of the people, as they are depended upon to elect leaders who are not inclined towards corruption. When citizens become disengaged from the political process or overlook abuses of power, democratic institutions can gradually weaken without immediate resistance. 

 

According to Jakub Jaraczewski, a legal expert from NGO Democracy Reporting International, “Political polarization makes protecting the rule of law harder, as voters will accept anything the party they support pursues — including the takeover of courts — and will reject anything that the opposite side proposes, including attempts to undo the damage,” Jaraczewski said. It’s therefore “crucial to reduce polarization and educate society.” Political activists in Poland should aim towards strengthening civic education, supporting independent journalism, and encouraging open political dialogue. It is consequential for citizens to better understand the importance of judicial independence and the long-term consequences of democratic erosion.

Judicial independence is essential in democracy because it limits government power and prevents political interference. Nonetheless, PiS reduced the judiciary’s fundamental ability to challenge Poland’s policy and actions by weakening judicial autonomy.  The actions of the PiS party, including the muzzle law and its other corruptions, discouraged judicial resistance, weakened the court system in Poland and undermined the fundamental system of checks and balances. Ultimately, the future of democracy in Poland will depend on whether institutions and citizens can resist further concentration of power and reaffirm the importance of the rule of law.

 

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