The Warsaw Regional Court ruled on Wednesday against Kaczyński, the leader of the right-wing Law and Justice (PiS) party, in a civil case over the protection of personal rights, a legal category covering reputation and dignity.
The case concerned Tusk’s statement at a political rally in the western city of Poznań in June 2023, when he said that "today those in power are serial killers of women," referring to Kaczyński's PiS party, which governed the country at the time.
The ruling is another reminder of how strongly the abortion issue still shapes political life in Poland, where the deaths of several pregnant women after the 2020 ruling became a rallying point for the opposition and women’s rights activists.
Tusk made the remarks while referring to the death of a 33-year-old pregnant woman in the southern town of Nowy Targ. She died of septic shock in the fifth month of pregnancy. Medical records showed that hours before her death, an ultrasound scan had found the fetus had died.
Kaczyński argued that Tusk’s words crossed the line in political debate. His lawyer told the court that politicians may face harsh criticism, but public officials also carry a greater responsibility for what they say.
He said Tusk’s statement inflamed emotions and deepened divisions, instead of serving any public interest.
Kaczyński had asked for an apology and for Tusk to pay PLN 10,000 (EUR 2,350, USD 2,750) to aid Ukrainian refugees.
Tusk’s lawyer argued that the statement did not directly call Kaczyński a serial killer and fell within the limits of political criticism. She said the remarks were made by an opposition leader speaking at a rally about events that had already caused intense public debate.
Poland's Prime Minister Donald Tusk and opposition leader Jarosław Kaczyński. Photos: PAP/Marcin Obara/PAP/Paweł Supernak
Judge Tomasz Jaskłowski dismissed the claim and ordered Kaczyński to pay PLN 900 in legal costs.
In his oral reasoning, he said the demand in the lawsuit did not match Tusk’s actual words, because the phrase about "those in power" did not refer directly to Kaczyński himself.
The judge said there were grounds for criticism because the issue had arisen in the wake of major controversy over abortion law.
He recalled that Poland’s long-standing abortion compromise was upended by a Constitutional Tribunal ruling on October 22, 2020, which struck down the provision allowing abortion in cases of severe fetal abnormality. The decision led to legal uncertainty and became one of the most divisive issues in Polish politics.
Jaskłowski said Kaczyński did not bear legal responsibility for the deaths cited in the debate, but did bear moral responsibility as the political leader behind the camp that backed the change.
“There were grounds for criticism,” the judge said. “Jarosław Kaczyński did not sign the motion to the Constitutional Tribunal, but he was the leader without whose consent virtually nothing happened in politics, He does not bear legal responsibility, but he bears moral responsibility for these tragedies."
Tusk’s government took power in December 2023 after a bloc of parties led by his centrist-liberal Civic Coalition (KO) won a parliamentary majority in that year’s general election.
Kaczyński's PiS party, which governed Poland from 2015 to 2023, retains control of the presidency after Karol Nawrocki, a Euroskeptic backed by Kaczyński and inspired by US President Donald Trump, narrowly defeated centrist Warsaw Mayor Rafał Trzaskowski in a June 1, 2025 runoff.
(rt/gs)
Source: IAR, PAP