Rule of law in Poland. State of play in October 2017. Analysis by judge Dariusz Mazur and judge Waldemar Żurek.

On 8 May 2017, the Board of the Faculty of Law and Administration at the Jagiellonian University expressed its position on the compliance of two draft acts currently undergoing legislative processes with the Constitution of the Republic of Poland.

The report “Nations in Transit”, published yearly by Freedom House, analyses key factors of democratic rule in post-communist countries in Europe and Central Asia. The report’s 2017 edition shows a clear decline of democracy in Poland. The country was doing worse in the fields of National Democratic Governance, Judicial Framework and Independence, Independent Media, Civil Society and Local Democratic Governance

ARTICLE 19 and HFHR find that freedom, independence and pluralism of the media are under severe threat in Poland. The new legislation and administrative actions related to media companies and personnel restrict freedoms and increase or introduce political or executive branch control over National Media Council, media expression and management of media companies. Only international pressure has momentarily slowed down further government capture of independent media.

On 21 December 2016, the European Commission decided to issue a second Rule of Law Recommendation. The Commission consideres that whereas some of the issues raised in its last Recommendation of 27 July 2016 have been addressed, important issues remain unresolved, and new concerns have arisen in the meantime

Details of the course of events and the stages of the Constitutional Tribunal capture crisis, supported by contemporaneous press releases, opinions, expert analyses, quoted statements of politicians. Report also includes reactions of Polish and supranational bodies and institutions. In conclusion, the crisis is assessed as violating the principles of the separation of powers and the rule of law.

On 27 July 2016 European Commission adopted a Rule of Law Recommendation on the situation in Poland, setting out the Commission’s concerns and recommending how these can be addressed. The Commission believes that there is a systemic threat to the rule of law in Poland