All Rise: Judicial Resistance in Poland
By Marcin Mrowicki
Published by ICNC Press, Sept. 2024
This monograph investigates the strategic and organized resistance of Polish judges against the authoritarian encroachments on judicial independence by the ruling Law and Justice (PiS) party from 2015 to 2023. Under the leadership of Jarosław Kaczyński, PiS systematically targeted key judicial institutions like the Constitutional Tribunal and the Supreme Court, implementing reforms to undermine judicial autonomy. This assault sparked an unprecedented resistance movement among Polish judges, who employed legal and extralegal tactics to defend the rule of law.
The resistance movement led to significant national and international outcomes, including presidential vetoes of controversial judicial reform bills, the reinstatement of judges, and actions by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR) against Poland.