Is the Polish Example Contagious? Donald Tusk's 'Rule of Law' and Brussels's Oversight

The recent political and institutional transformations in Poland under Donald Tusk's government, following the 2023 parliamentary elections, have sparked considerable debate and concern, particularly from a perspective that values traditional conservative governance and national sovereignty. The shift away from the eight-year rule of the Law and Justice (PiS) party has been marked by rapid changes affecting public media, the judiciary, and state institutions. While the Tusk administration frames these actions as a restoration of the rule of law, critics, such as László Dornfeld, a leading analyst at the Center for Fundamental Rights, argue that these moves are politically motivated interventions that have plunged the country into "legal anarchy."

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Serious institutional transformation has taken place in Poland since Donald Tusk and his team took office. Many of these changes – in the absence of a constitutional majority – have been carried out through various legal maneuvers.

Dornfeld points to the methods employed, noting that many changes were enacted through "legal maneuvering" in the absence of a constitutional majority. The overhaul of public media, in particular, is described as a dramatic and symbolic event, involving the disruption of live broadcasts and forceful interventions, reminiscent of the Jaruzelski era. This aggressive approach, according to critics, signals a disregard for democratic norms and established legal processes. The introduction of concepts like "neo-judges" further delegitimizes institutions, creating a situation where court decisions are not respected, and enforcement is questionable, thereby undermining legal certainty.

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We haven't seen anything like it since the Jaruzelski era: disruption of live broadcasts, violent interventions. This became a symbolic event that clearly shows the methods used in the transformation.

From this viewpoint, the actions taken by Tusk's government are not merely administrative adjustments but a fundamental reshaping of the Polish state apparatus, driven by a desire to dismantle the legacy of the previous administration. The focus on prosecuting former government officials is seen not as accountability but as "political retribution." This narrative suggests that while Tusk's government claims to be restoring democracy, its actions are perceived by some as authoritarian, creating a deeply polarized political landscape. The international community, and specifically Brussels, is criticized for its perceived complacency or "looking the other way" amidst these significant shifts, failing to adequately address the concerns raised by those who believe Polish democracy and the rule of law are being compromised.

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Tusk and his team promised to restore the rule of law, but instead, they have plunged the country into legal anarchy. By introducing the concept of 'neo-judges,' they have delegitimized entire institutions.