Thousands protest against judiciary reforms in Poland

On Sunday, July 16, 2017, thousands of people demonstrated in Warsaw and other Polish cities against a series of legislative measures aimed at overhauling the country’s judiciary. The protests were a direct response to bills advanced by the ruling conservative Law and Justice (PiS) party, which critics argued would undermine judicial independence and threaten the separation of powers.

In Warsaw, demonstrators gathered near the parliament building, which was cordoned off by police barricades. Carrying Polish and European Union flags, they chanted slogans such as “Shame” and directed criticism at Jaroslaw Kaczynski, the chairman of the PiS party and Poland’s widely acknowledged de facto leader, calling him a “dictator”. At the time, there were conflicting reports about the size of the crowd. Police officials estimated the number of protesters in the capital at around 4,500, while Warsaw’s city hall, then controlled by the political opposition, gave a much higher figure of over 10,000 people.

Sweeping Legislative Changes

The protests centered on three specific pieces of legislation. One proposed bill would have forced the retirement of all current Supreme Court justices. Under its terms, the justice minister would have the power to select which judges could remain and would also be responsible for choosing candidates to fill the newly vacant positions. This proposal was seen by opponents as a direct attempt to purge the nation’s highest court and replace its members with government loyalists.

This bill followed two other controversial laws that had been approved by the Senate just one day before the protests, in the early hours of Saturday morning. The first of these laws dismantled the National Council of the Judiciary, an independent body responsible for nominating judges, and transferred its powers to parliament. The second law granted the justice minister the authority to dismiss the presidents of regional and appellate courts at will.

Opposition to the Reforms

Leaders from opposition parties joined the demonstrations, arguing that the PiS government was orchestrating a coup against the judicial branch. Senator Bogdan Borusewicz of the main opposition party, Civic Platform (PO), stated that the bills were designed to “destroy judicial independence”.

Barbara Dolniak, a member of the opposition Modern party, articulated a common concern among critics, saying that “the reform gives the politicians power over the judges”. The protesters and opposition figures contended that concentrating so much power over the courts in the hands of the executive branch was a fundamental violation of democratic principles and the Polish constitution.

Government Justification

The Law and Justice party defended the reforms as necessary and long overdue. Government officials argued that the Polish judiciary had not been sufficiently reformed since the end of communism in 1989. They characterized the courts as an inefficient and self-serving “caste” that was still influenced by communist-era thinking and needed to be held accountable.

PiS asserted that “far-reaching, radical actions” were required to purge these old influences and make the justice system more responsive to the will of the people. This move was consistent with the party’s previous actions, including controversial changes to the Constitutional Tribunal after PiS won the 2015 elections, which were also criticized for placing party loyalists in key judicial roles. The rapid passage of the new laws by both the lower house (the Sejm) and the Senate highlighted the government’s determination to enact its agenda despite significant domestic and international criticism.

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