Poland's 'Constitutional Moment': A Complex Equation of Reform and Political Stalemate

President Andrzej Duda's announcement of a Council for the New Constitution has ignited debate about a potential "constitutional moment" in Poland. However, as Artur Bartkiewicz observes in Rzeczpospolita, the reality is far more nuanced, akin to Schrödinger's cat – the moment both exists and doesn't. While the need for reform is evident, the path forward is fraught with obstacles.

“

With this constitutional moment, it's like Schrödinger's cat. It sort of exists now, and sort of doesn't.

Significant issues plague Poland's state institutions, including the Constitutional Tribunal and the National Council of the Judiciary, which have become arenas for political conflict. This dysfunction within key bodies, operating under the current constitutional framework, fuels arguments for systemic change. Furthermore, Poland's hybrid executive model, with a president possessing strong blocking powers but limited governing capacity, is seen as ineffective by many.

“

Important state institutions are not functioning within the framework of this constitution. This is an argument that a change of system could be justified.

The primary impediment, however, is the profound lack of consensus. Bartkiewicz emphasizes that any constitutional overhaul requires broad social acceptance and agreement among political elites on the direction of change – a consensus that is currently absent. The deep-seated distrust between political factions means that even sensible proposals struggle to gain traction. This political reality suggests the President's initiative might be more about political strategy than substantive reform, potentially serving to deflect responsibility or consolidate power within the ruling Law and Justice party, rather than fostering genuine national dialogue and compromise.

“

This hybrid, two-headed executive in Poland is not working. The president has strong blocking tools but limited possibilities for real governance.