Much of that overhaul, carried out by the right-wing Law and Justice (PiS) party, was supported by the president.
Many of those reforms are now seen as undermining judicial independence, both by the current government and international courts.
From the start of his presidency in 2015, Duda pledged to “repair” the justice system. He accused judges of inefficiency and failing to gain public trust, often citing the lack of convictions in organized crime cases.
One of his first controversial moves was refusing to swear in five Constitutional Tribunal judges elected by the previous parliament, even though three were later confirmed as validly chosen.
The new parliamentary majority nominated its own candidates, who were sworn in by Duda. This sparked a prolonged constitutional crisis.
In December 2015, Duda signed a law changing how the Constitutional Tribunal operated, including raising the threshold for rulings to a two-thirds majority of 13 out of 15 judges.
Critics said this would paralyze the court, but Duda argued it would strengthen its authority.
The largest protests came in 2017, when PiS proposed laws to give the justice minister, then Zbigniew Ziobro, influence over the Supreme Court, and replace sitting members of the National Council of the Judiciary (KRS).
Protesters said this violated the separation of powers.
On July 24, 2017, Duda vetoed two of the three bills, calling for changes to ensure compliance with the constitution. However, he soon introduced revised versions, which critics said still allowed political influence over the judiciary.
In December 2017, a new law gave the lower house the power to select 15 KRS members. Previously, these had been chosen by the judiciary itself.
Duda defended the change as democratic and necessary to prevent what he called “judicial elitism.”
He dismissed criticism from European institutions, saying in 2020: “They won’t tell us in foreign languages what system we should have in Poland.
Controversy also surrounds the thousands of judges appointed since 2018 through the new KRS, often called “neo-judges.”
Critics argue their status is questionable, particularly those promoted to higher courts. Duda has rejected such concerns, insisting presidential nominations settle the matter.
“I will defend the judges I appointed to the very end,” he said in 2023.
In 2020, Duda signed legislation imposing disciplinary penalties on judges who questioned the legitimacy of their colleagues' appointments. These powers were exercised by disciplinary officials appointed by Ziobro.
Duda argued that judges should not undermine one another based on “political disputes.”
He also lashed out at judicial critics, including chief justice Małgorzata Gersdorf.
He later appointed Gersdorf’s successor, Małgorzata Manowska, a former deputy justice minister who had received fewer votes from the judiciary than rival candidate Włodzimierz Wróbel.
Duda also helped reshape the prosecution service. A 2016 law merged the roles of justice minister and prosecutor general, undoing an earlier reform aimed at separating executive power from legal investigations.
A 2023 amendment gave the president the power to block the dismissal of the national prosecutor, which critics said would entrench PiS influence.
The law also shifted authority from the justice minister to the national prosecutor.
Following the October 2023 elections, a new conflict emerged between Duda and the government led by centrist Prime Minister Donald Tusk.
In 2024, Poland’s parliament passed laws to reverse some of the previous reforms. Duda refused to sign the bills, sending them to the Constitutional Tribunal.
Government officials say the president’s actions are blocking efforts to restore the rule of law in the country.
A July survey by pollster CBOS found the public nearly evenly split on Duda’s actions. Forty-five percent viewed his role positively, while 43 percent said he had failed as guardian of the constitution. Twelve percent had no opinion.
(rt/gs)
Source: PAP