• A constitutional crisis is brewing in Poland caused by the actions of the new government.
  • The Minister of Justice Adam Bodnar has published a draft decree that would make the rulings of Polish courts subordinate to those of international tribunals.
  • Meanwhile, the Sejm passed a resolution challenging the validity of election of members of the National Judiciary Council appointed in the period of March 2018 to May 2022.
  • The judges are supposed to also undergo an “test of independence” that could undermine their appointment by the President of Poland and subordinate them to political parties.
  • There was also an unlawful attack on the public media and unlawful dismissal of the Management Boards and Supervisory Boards of the Polish TV (TVP), Polish Radio and Polish Press Agency (PAP).
  • The Warsaw District Court, meanwhile, convicted MPs Mariusz Kaminski and Maciej Wąsik in the case in which they were previously pardoned by the President of Poland.


On December 13, 2023, a new Council of Ministers was appointed in Poland, under the leadership of Mr. Donald Tusk. Acting based on the resolutions of the Sejm, i.e., the lower chamber of the Parliament of the Republic of Poland, the new Polish government, started undertaking unlawful actions undermining the foundations of a democratic rule of law, and intended to constitute a certain kind of “transitory period” order. The term “transitory period” was used in the resolution of the Sejm of the Republic of Poland of December 19, 2023 on the restoration of the rule of law and the impartiality and integrity of the public media and the Polish Press Agency.


The doctrine of justice of the transitory period was referred to by the current Justice Minister Adam Bodnar in an article published in Gazeta Wyborcza. In the practice of the current government, it is supposed to consist in deviating from the normal principles of a law-abiding and democratic state and in undertaking actions without legal grounds, which are based on the use of violence (as exemplified by the battery of one of the Members of Parliament (MPs) who intervened in defense of the public media) and subersive actions (such as shutting off the signal of the Polish television TVP Info station).