Category: Poland

Category: Poland

Rule of Law Report 2023. EU Commission has “serious concerns” regarding Poland

The Rule of Law Report for 2023, published by the European Commission, has raised “serious concerns” regarding the state of the rule of law in Poland. The report focuses on four key areas: national justice systems, anti-corruption frameworks, media pluralism, and other institutional checks and balances. According to the EU executive, there are persistent concerns regarding the independence of the Polish judiciary and claims of political influence over the media. The report also highlights concerns related to the so-called “Lex Tusk” legislation.

This is the fourth annual Rule of Law Report prepared by the European Commission in response to accusations from Poland and Hungary that the EU selectively addresses rule of law issues and targets these two countries. As a result, the Commission now publishes separate reports for each Member State to address rule of law deficiencies.

The chapter dedicated to Poland in the report spans nearly 30 pages, outlining challenges in the judiciary, anti-corruption measures, media freedom, and other aspects of checks and balances. The report emphasises the ongoing serious concerns about the independence of the Polish judiciary, with recent rulings from the Court of Justice of the EU reinforcing the importance of judicial independence. Concerns persist regarding the lack of implementation of judgments and interim measures from the European Court of Human Rights, as well as disciplinary investigations and proceedings against judges.

The report also highlights serious concerns related to the Constitutional Tribunal and notes that although Poland has taken steps to raise the standards of judicial independence and reform the disciplinary regime for judges, challenges remain. The issue of corruption in the public sector is also addressed, with experts and business executives perceiving corruption levels as relatively high. The report points out the absence of a new Anti-Corruption Programme and a lack of progress in strengthening lobbying rules.

Regarding media pluralism, positive changes have been introduced, but concerns have been raised about the functional independence of the media regulator. While legal safeguards for editorial independence are in place, claims of political influence over the media persist. The report emphasises the need for fair, transparent, and non-discriminatory procedures for granting operating licenses to media outlets.

The report also discusses other institutional checks and balances, including concerns about laws being adopted without adequate consultations and the delay in appointing members to the College of the Supreme Audit Office, risking its effective functioning. The controversial “Lex Tusk” legislation, which empowers an administrative committee to assess and decide on the deprivation of individuals’ right to hold public office, raises serious concerns.

The Rule of Law Report provides recommendations for Poland, including separating the functions of the Minister of Justice from the Prosecutor-General, strengthening integrity rules, ensuring independent and effective investigations and prosecutions, and enhancing the independent governance and editorial independence of public service media. It also emphasises the need for a systematic follow-up to findings by the Supreme Audit Office and urgent appointments to the College of the Supreme Audit Office.

While the report itself does not impose direct duties or trigger sanctions, it is used as a basis for other infringement procedures by the Commission. Its provisions are frequently referenced in discussions on the rule of law in Member States and EU debates on the subject. Poland and Hungary have previously rejected the report, accusing it of bias and double standards, and claiming that the Commission has overstepped its authority.

The Rule of Law Report serves as an important tool for assessing and addressing rule of law issues within the EU and promoting dialogue and accountability among Member States.

Navigating Litigation in Poland: A Comprehensive Guide for Lawyers


Litigation is a complex legal process that plays a fundamental role in resolving disputes within the judicial system. In Poland, as in any jurisdiction, litigation requires a deep understanding of the country’s legal framework, court procedures, and strategic considerations. For lawyers practicing in Poland, it is crucial to have a comprehensive understanding of the litigation process to effectively represent clients and achieve favourable outcomes. This article serves as a guide to navigating litigation in Poland, covering key aspects from pre-trial preparations to post-trial enforcement.

Preparing for Litigation:

Before initiating litigation, thorough preparation is essential. This involves conducting a detailed analysis of the facts, identifying legal claims, and assessing the strength of the case. Polish lawyers must meticulously gather evidence, interview witnesses, and assess potential legal remedies and defences. It is also crucial to evaluate the prospects of settlement or alternative dispute resolution methods.

Jurisdiction and Venue:

Understanding the appropriate jurisdiction and venue is crucial to initiating a lawsuit. In Poland, civil matters are generally adjudicated by common courts. It is important to determine the proper court that has jurisdiction over the dispute based on factors such as the subject matter, value of the claim, and the parties involved.

Pleadings and Court Proceedings:

Once the lawsuit is filed, lawyers must draft clear and concise pleadings that outline the claims, legal arguments, and factual basis. In Poland, court proceedings involve multiple stages, including preliminary hearings, submission of evidence, examination of witnesses, and oral arguments. Lawyers must adhere to strict deadlines and procedural rules, ensuring compliance with court requirements and effectively presenting their case.

Legal Representation and Courtroom Etiquette:

In Polish litigation, legal representation is mandatory, and lawyers have a duty to act as advocates for their clients. Courtroom etiquette, professionalism, and respect for the court are paramount. Polish lawyers must present arguments persuasively, cross-examine witnesses effectively, and handle objections with precision. Developing strong courtroom skills and maintaining a professional demeanour can significantly impact the outcome of a case.

Appellate and Supreme Court Review:

In the event of an unfavourable decision, the Polish legal system provides avenues for appeal. Lawyers must analyse the trial court’s decision, identify grounds for appeal, and prepare persuasive briefs. The appellate court reviews the case based on legal errors or procedural irregularities. In certain circumstances, the Supreme Court may grant further review, particularly when the case involves significant legal issues or conflicting precedents.

Enforcement of Judgments:

Securing a favourable judgment is only the first step; enforcing the judgment is equally critical. Polish lawyers must navigate the enforcement process, which involves identifying the appropriate enforcement authority, filing necessary applications, and complying with specific requirements. Effective enforcement mechanisms, such as asset seizures or garnishments, are crucial to ensuring the successful recovery of awarded damages or compliance with court orders.


Litigation in Poland requires careful preparation, a strong command of procedural rules, and persuasive advocacy skills. As a lawyer practicing in Poland, it is imperative to understand the intricacies of the litigation process to effectively represent clients. From pre-trial strategies to post-trial enforcement, a comprehensive grasp of the legal framework and court procedures is essential. By mastering the intricacies of Polish litigation, lawyers can navigate the complexities of the legal system and advocate zealously for their clients, ultimately achieving successful outcomes in their cases.

How We Can Assist You: Exceptional Legal Representation for Your Needs

At KPBL, we are committed to delivering top-notch legal representation tailored to your specific needs. With our experienced legal team, you can trust that you will receive the best possible guidance and support in any legal matter you may face. We offer comprehensive legal services in various areas of litigation, ensuring that you have expert assistance throughout the entire process.

Labour Conflicts: Resolving Workplace Disputes

When it comes to labour conflicts, our lawyers excel in representing clients dealing with employment contract disputes, wage conflicts, and other workplace issues. We understand the complexities of employment law and are dedicated to advocating for your rights and finding swift resolutions.

Copyrights and Neighbouring Rights: Protecting Intellectual Property

Our legal team specializes in safeguarding and enforcing copyrights and neighbouring rights. Whether you are facing infringement cases or licensing disputes, we have the expertise to navigate the intricate landscape of intellectual property law and provide the effective representation you need.

Commercial Transactions: Resolving Contractual Disputes

When disputes arise from commercial transactions, such as breach of contract cases or disagreements related to the sale of goods and services, our lawyers are here to assist you. We will work diligently to protect your interests, explore favourable resolutions, and ensure that your rights are upheld throughout the process.

Personal Rights: Advocating for Your Well-Being

In matters concerning personal rights, including defamation, privacy concerns, or personal injury, our legal team is ready to fight for your rights. We understand the sensitive nature of these disputes and are dedicated to providing compassionate and effective representation to help you seek justice and fair compensation.

Guidance and Support Throughout the Litigation Process

We recognize that legal proceedings can be overwhelming and time-consuming. That is why we are committed to providing our clients with the highest level of professionalism, support, and guidance at every step of the litigation process. Our experienced lawyers will take the time to understand the details of your case, offer sound legal advice, and ensure that your interests are vigorously protected.

Schedule a Consultation Today

Don’t navigate the complexities of litigation alone. Contact us today to schedule a consultation and learn more about the extensive range of legal services we offer. Our dedicated team is here to provide you with the exceptional representation you deserve, helping you achieve the best possible outcome for your case. Let us be your trusted legal partner in your journey towards resolution.