On 4 September, the Court of Justice of the European Union (CJEU) ruled that decisions by Poland’s Chamber of Extraordinary Control and Public Affairs, created by the former Law and Justice (PiS) government, must be treated as null and void. This allows domestic courts to disregard cases referred back by the chamber, meaning the lower court’s original judgment stands. The CJEU had already found that the chamber lacked independence due to flawed appointments in 2023. While the CJEU ruling reinforces standards for judicial independence, it creates temporary legal uncertainty about appeal pathways and institutional responsibilities, and risks creating gaps in judicial oversight and election certification. The judgment gives a firmer legal foundation to  the government’s stance that rulings of the chamber that do not meet EU law standards should be disregarded. Plans to abolish the chamber were included as part of the 2024 Ministry of Justice action plan to restore judicial independence. 

Sources: Verfassungsblog (1), Verfassungsblog (2), CURIA, Notes from Poland, Polish Government 

On 17 July, the District Court in Pszczyna convicted three doctors of endangering a patient’s life after a pregnant woman died in hospital under their care in 2021. The case represents one of the first convictions of a medical professional in connection to the denial of abortion access since a 2020 Constitutional Court ruling made abortions due to birth defects illegal. The doctors had delayed the needed interventions after the woman suffered a premature membrane rupture, deciding to wait until the fetus—which had abnormalities—died. Local NGO FEDERA noted that doctors may be hesitant to provide abortion care due to fears of being prosecuted. The incident sparked nationwide protests against Poland’s restrictive abortion laws. All three doctors received professional bans ranging between four and six years; two received prison sentences between 15 and 18 months and the third received a suspended sentence. The verdict can be appealed.

Sources: Notes from Poland (1), Notes from Poland (2), BBC, FEDERA, Human Rights Watch, PAP

On 1 June, Karol Nawrocki, an independent candidate supported by the Law and Justice party (PiS) narrowly won the second round of Poland’s presidential election with 50.9 per cent of the vote. Rafał Trzaskowski, member of the incumbent Civic Platform party and mayor of Warsaw, received 49.1 per cent of the vote. The National Electoral Commission reported voter turnout of 71.6 per cent, up from 68.2 per cent turnout in the 2020 presidential election. Voter turnout in the first round of the election held on 18 May was 67.3 per cent. There were 13 presidential candidates in the first round, including 2 women and 11 men. Observers considered the election competitive and well managed, while noting a polarized media environment limiting voters’ access to impartial information.

Sources: Al Jazeera, National Electoral Commission Poland, International IDEA, Organzation for Security and Co-operation in Europe

Last local authority repeals resolution undermining LGBTQIA+ rights

President sends bill broadening hate speech definition to Constitutional Court

Representation

45/173

Rights

35/173

Rule of Law

38/173

Participation

34/173

Population

36 687 353

System of government

Parliamentary system

Head of government

Prime Minister Donald Tusk (since 2023)

Head of government party

Civic Platform (PO)

Electoral system for lower or single chamber

List Proportional Representation

Women in lower or single chamber

31.3%

Women in upper chamber

19.0%

Last legislative election

2023

Effective number of political parties

3.95

Head of state

President Andrzej Duda

Selection process for head of state

Direct election (two-round majority)

Latest Universal Periodic Review (UPR) date

15/11/2022

Latest Universal Periodic Review (UPR) percentage of recommendations supported

38.20%

State party

Signatory

No action

United Nations Human Right Treaties

International Labour Organisation Treaties

Regional Treaties

in

Representation

Rights

Rule of law

Participation