A YEAR AGO, the current ruling coalition won the elections. However, the government was only formed two months later—in mid-December 2024—because the Law and Justice Party (PiS) did everything possible to delay the transfer of power. During this time, PiS focused on consolidating its influence over state institutions.

The coalition campaigned on the promises of restoring independence to the judiciary and holding PiS accountable. The Left Party added its own vision, aiming to reform the courts to make them more accessible and responsive to the public.

The responsibility for fulfilling these electoral promises was entrusted to former Human Rights Commissioner Adam Bodnar. His selection was not coincidental; Bodnar is an esteemed human rights defender, respected both domestically and internationally. His reputation was seen as a guarantee that the reforms would be conducted lawfully and in accordance with the principles of justice.

Bodnar has largely succeeded in this task, though there are voices from within the independent judiciary suggesting that more could have been done, and at a faster pace. Bodnar, however, is careful to avoid mistakes, carefully considering each appointment and decision. As a result, the decision-making process has been prolonged.

What Minister Bodnar Has Achieved

After 10 months in office, Adam Bodnar has compiled a significant list of accomplishments. One of his most notable successes has been the unlocking of billions of euros from the EU Recovery and Resilience Facility (RRF). While full restoration of the rule of law has not yet been achieved, Bodnar presented the European Commission with an “action plan” outlining the step-by-step process towards this goal.

He committed to both non-legislative actions and new laws. His plan included specific actions, timelines, and anticipated outcomes, which ultimately secured the release of RRF funds. However, few attribute this governmental success to Bodnar’s plan.

Regardless, there are three key areas where changes are already visible:

1. The Public Prosecutor’s Office
2. The Judiciary
3. Ending Repressions Against Judges

At the beginning of 2024, Bodnar, acting as Attorney General, removed Dariusz Barski, the national prosecutor and a key ally of former Justice Minister Zbigniew Ziobro, from managing the Prosecutor’s Office. Barski had previously been reinstated into the public prosecutor’s office from retirement in an ineffective manner. PiS, now in opposition, refuses to acknowledge this removal, claiming that Barski still oversees the office.

The replacement of the national prosecutor first with Jacek Bilewicz and then Dariusz Korneluk triggered a broader reshuffling of leadership within the public prosecutor’s office. Bodnar leaned heavily on prosecutors from the independent association Lex Super Omnia, which is why he succeeded.

This reshuffling has also paved the way for investigations into PiS’s abuses of power, law violations, and corruption. These inquiries are progressing gradually, as they must be thorough, but accusations have already been brought against several high-profile figures from the former government and their associates. Although there have been occasional setbacks, this is to be expected, as no one promised that restoring the rule of law after eight years of PiS rule would be easy.

Bodnar has also aligned Poland with the European Public Prosecutor’s Office (EPPO), a move previously blocked by Ziobro.

Changes have also begun within the judiciary. Since the start of 2024, Bodnar has been systematically removing court presidents appointed by Ziobro, with the process now more than halfway complete. Those removed were either emblematic of PiS’s “reforms” or beneficiaries of them. Others have resigned voluntarily or seen their terms expire.

As of now, 112 courts have new presidents, which has allowed for a new style of judicial administration. Crucially, candidates for new presidents are being nominated by judicial assemblies, meaning the judiciary’s self-governance is being restored. This reshuffling of court leadership, though underappreciated, is one of Bodnar’s significant reforms.

The mass repressions against independent judges, initiated by the disciplinary officers Piotr Schab and his deputies Michał Lasota and Przemysław Radzik, have also come to an end. While Bodnar did not remove Schab and his deputies, as they were appointed for fixed terms, he appointed ad hoc disciplinary officers, who have taken over more than 80 disciplinary cases brought against independent judges.

As a result, repressions have ceased, although Schab and his deputies continue to launch new disciplinary cases. Meanwhile, Bodnar’s ad hoc officers are pursuing cases against judges who were collaborators of Ziobro, holding them accountable for repression and harassment.

The Internal Affairs Division of the National Prosecutor’s Office has also begun investigations into judges who cooperated closely with the former PiS government.

Legislative Changes and Ongoing Challenges

Legislative changes are also underway. The Sejm (Polish parliament) has drafted a law aimed at reconstituting the National Council of the Judiciary (KRS) as an independent body. However, this law was blocked by President Andrzej Duda, who referred it to the Constitutional Tribunal, led by Julia Przyłębska. Attempts to reach an agreement with the president, criticized by pro-rule-of-law judges, have been unsuccessful.

Similarly, Duda has sent laws reforming the Constitutional Tribunal, which were developed by the ruling coalition after extensive public consultations, to the Przyłębska-led tribunal. Additionally, a bill separating the roles of Minister of Justice and Attorney General is ready.

Further legislative projects are being developed by a codification commission focused on reforming the structure of the courts and the prosecutor’s office. This commission will propose solutions for the status of “neo-judges” (which will involve annulling their appointments and implementing a form of verification), a reform of the Supreme Court, including the elimination of unlawful chambers, and a comprehensive reform of the KRS and the general judiciary. Bodnar appointed Professor Krystian Markiewicz, president of the Iustitia judges’ association, to lead the commission.

Three additional codification commissions are working on reforms to criminal, civil, and family law, each led by legal authorities. These commissions were reactivated by Bodnar after being disbanded by Ziobro.

Additionally, Bodnar’s special plenipotentiaries are preparing reforms to the system of court experts and lay judges.

In the early stages of judicial reforms, there were tensions between the ministry and independent judges regarding the pace of changes and the approach to resolving the status of neo-judges. However, cooperation has since improved. The government recognizes that these reforms will not be easy, as PiS appointees in the courts are defending their positions. Therefore, Bodnar must gain the support of independent judges for his reforms, much as he did in the prosecutor’s office. Without the backing of independent judges, no judicial reform will succeed.

What Minister Bodnar Has Not Yet Achieved

The government had promised voters changes to the neo-KRS, a body that is highly politicized, unconstitutional, and dominated by Ziobro’s allies. Despite having the opportunity, the coalition in the Sejm has not yet removed the 15 judge-members of the neo-KRS.

In interviews, Bodnar explains that he does not wish to resort to force, such as sending the police to close down the neo-KRS’s offices. He prefers to resolve the issue through legislation, which will only be possible after a new president is elected.

In the meantime, the neo-KRS continues to challenge reforms by lodging complaints with the Przyłębska-led tribunal. Recently, it contested the legality of the codification commissions, arguing that they were appointed by an illegitimate government because three women were sworn in as ministers, whereas the Constitution specifies that the government is composed of “ministers.”

Nevertheless, Bodnar has halted the announcement of new judicial appointments to prevent the neo-KRS from producing additional neo-judges.

There are also calls for Bodnar to dismiss Ziobro’s disciplinary officers, as although they were appointed for fixed terms, the law does not specify any criteria for their removal, meaning they could be dismissed at any time. Bodnar, however, is a staunch defender of term limits.

The Road Ahead

Significant challenges remain in the Supreme Court (SN), where two illegal chambers—the Extraordinary Control and Public Affairs Chamber and the Disciplinary Chamber—still need to be dismantled. Additionally, faulty neo-judges must be removed, but this will require new legislation, which can only be passed after the 2025 presidential election if the democratic candidate wins.

Thus, it is difficult to blame Bodnar for the lack of progress in the SN, particularly since the court is dominated by neo-judges, with Małgorzata Manowska at the helm. The remaining legal judges in the SN have been largely sidelined.

The government also promised to remove the “double” judges from the Constitutional Tribunal, but this has not been done. Instead, the focus has been on legislative changes and the non-publication of the Przyłębska tribunal’s rulings. However, this was a decision made by the ruling coalition, not Bodnar.

The second year will be even more challenging for Bodnar as Justice Minister and Attorney General, as further changes will require new legislation, which can only be passed in mid-2025 if a coalition-backed candidate wins the presidency.

Only then will Bodnar’s reforms be fully implemented and put into effect. Until then, he must prepare all legislative proposals and brace for even greater confrontations with the beneficiaries of Ziobro’s reforms.

The above text by Mariusz Jałoszewski was published in OKO.press on October 16, 2024. [https://oko.press/rok-po-wyborach-bodnar-zaczal-rozliczenia-i-reforme-sadow-odblokowal-kpo-ale-nadal-mamy-neo-krs](https://oko.press/rok-po-wyborach-bodnar-zaczal-rozliczenia-i-reforme-sadow-odblokowal-kpo-ale-nadal-m