Michał Romanowski: Independent courts in Poland have been a luxury good for 108 years
Michał Romanowski discusses the ongoing erosion of judicial independence in Poland over the past years, citing significant government interventions and public protests.
In a reflective piece, Michał Romanowski outlines the troubling trajectory of judicial independence in Poland, beginning with the takeover of the Constitutional Tribunal in 2016. He recalls the introduction of dubious judges and highlights the alarming remarks by Judge Lech Morawski, who indicated that as a Tribunal judge, he represents the Polish government. This shift marked the beginning of a series of legal and structural changes aimed at undermining the autonomy of the judiciary.
The article also notes the widespread public protests in 2017 aimed at preserving the Supreme Court and the National Judiciary Council, which were largely ignored by the governing authorities. Romanowski describes how laws were passed to effectively subordinate these judicial bodies to the whims of the government, culminating in the unconstitutional termination of the Council's term. He contends that this termination has eroded the legal legitimacy of the current Council, which is now far removed from its originally intended independent mandate.
Furthermore, Romanowski paints a broader picture of state capture that includes the political takeover of state-owned companies, purges in the military and various law enforcement agencies, and the manipulation of national administration. He emphasizes the role of opportunistic individuals and consulting firms in legitimizing these changes, as well as the supportive stance of certain Catholic Church leaders towards the government's initiatives, indicating a worrying intersection of politics and institutional integrity in Poland.