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Poland climbs in global rule-of-law rankings

24.10.2024 10:00
Poland has moved up to 33rd place in the global Rule of Law Index, an annual report published by the World Justice Project (WJP).
Polish Justice Minister Adam Bodnar.
Polish Justice Minister Adam Bodnar.Photo: EPA/OLIVIER MATTHYS

This marks the country’s first improvement in the ranking in eight years, following a period of significant decline under the previous right-wing government led by the Law and Justice (PiS) party.

The report assesses the state of rule of law in 142 countries, focusing on factors like government accountability, corruption, open government, and civil justice. Poland’s overall score increased by 3.2 percent—the largest improvement among all countries evaluated in this year’s index.

The improvement in Poland's position comes after a series of actions taken to restore judicial independence and government transparency, signaling what some see as the beginning of a positive shift in the country’s legal and political landscape.

Justice Minister Adam Bodnar welcomed the news, saying: "After years of declining positions, Poland's standing has finally improved. We are at the start of the journey, but we are pleased to have broken the downward trend. Our long-term goal is to rank among the top countries in this index.”

The Rule of Law Index is considered an important tool for understanding how a country is perceived internationally.

Bodnar has repeatedly stressed the significance of global rankings like this one, noting in a 2021 column that they influence how a country is viewed on the world stage, affecting its attractiveness for investment and international cooperation.

“Rankings like the Rule of Law Index shape perceptions of a country’s stability and governance, which can impact economic conditions, foreign investment, and the overall well-being of its citizens,” he wrote.

Poland’s rise in the ranking follows a prolonged period of decline that began in 2015, when the country was ranked 21st in the world.

Over the course of eight years, Poland's position fell steadily, reaching 36th place in 2023. This decline coincided with controversial judicial reforms implemented by the United Right coalition, which critics argue undermined the independence of the judiciary and weakened the rule of law.

One of the most significant changes occurred in 2016, when the government altered the functioning of Poland’s Constitutional Tribunal.

The appointment of what became known as “duplicate judges” — jurists selected by the ruling party outside of constitutional norms — was a key factor in Poland’s slide down the index. The country dropped to 22nd place that year.

In 2017 and 2018, further changes were made to the Supreme Court and the National Council of the Judiciary (KRS), the body responsible for nominating judges. The United Right government interrupted the KRS’s term and installed new members, a move widely criticized as unconstitutional.

The reforms also lowered the retirement age for Supreme Court judges, sparking a legal crisis over the status of the court’s First President. These actions led to a drop to 24th place in the index.

In response, the European Commission launched proceedings under Article 7 of the Treaty on European Union, which allows the EU to address breaches of its fundamental values. The European Court of Justice (ECJ) also ordered Poland to reinstate judges who had been forced into early retirement.

Despite these interventions, Poland’s ranking continued to fall.

By 2019, further government control over the judiciary was exerted through increased oversight of judicial appointments and disciplinary actions against judges.

The ECJ ruled that the reforms of the KRS failed to guarantee judicial independence, causing Poland to drop to 26th place.

In 2020, the government passed what became known as the “muzzle law,” which allowed for the disciplinary prosecution of judges who criticized judicial reforms or sought to enforce European Union law in Polish courts.

The law also penalized judges who questioned whether their colleagues met EU standards for judicial independence. This controversial measure contributed to Poland’s continued slide in the Rule of Law Index, placing the country at 27th.

In 2021, the Constitutional Tribunal, led by Julia Przyłębska, a judge whose appointment was backed by the governing party, ruled that parts of EU law were incompatible with the Polish constitution.

This escalated the crisis over Poland’s rule of law and resulted in Poland dropping to 35th place in the global ranking. The Tribunal’s rulings further strained relations with the EU, and the country was criticized for disregarding European legal standards.

By 2022, disciplinary proceedings against judges continued, with Poland’s Supreme Court suspending several judges and cutting their salaries.

These actions, coupled with further rulings by the Constitutional Tribunal under Przyłębska’s leadership, such as one finding that Article 6 of the European Convention on Human Rights (the right to a fair trial) was incompatible with Poland's constitution, pushed the country to its lowest position in years, at 36th in the WJP’s index.

The new government has taken steps to reverse these reforms and restore the independence of Poland’s judiciary.

This year, Poland saw a significant improvement in several key categories in the Rule of Law Index, particularly in "Constraints on Government Powers."

The country rose by 21 places in this category, which assesses how well government accountability is enforced by legislative, judicial, and independent institutions, as well as how free the media and civil society are to operate.

Poland also made gains in "Open Government," a category that measures transparency and citizens' right to access public information.

Poland moved up 14 places in this area, reflecting improvements in government openness and public engagement.

Other areas of improvement include civil justice, where Poland rose by five positions, and fundamental rights, with a four-position increase.

Despite these improvements, Bodnar acknowledged that there is still much work to be done.

“We must continue to repair and strengthen Poland’s justice system,” he said, adding that the government is committed to ensuring long-term reforms.

The World Justice Project’s Rule of Law Index is based on surveys conducted with both legal experts and the general public, providing a broad perspective on how well countries uphold legal principles.

The report measures eight key factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.

While the recent improvement is a positive sign, Poland still has a long way to go to recover the ground it lost in previous years.

The country now ranks 25th among the 31 countries of the European Union, the European Free Trade Association, and North America. In the high-income group of nations, Poland holds the 32nd position out of 47.

(rt/gs)

Source: businessinsider.com.plgov.pl