UNTANGLING THE POPULIST KNOT: ADMINISTRATIVE LAW AND THE STRUGGLE FOR RULE OF LAW RESTORATION IN POLAND

Abstract

This article explores the significant challenges of restoring the rule of law in Poland following a period of democratic backsliding in 2015-2023. It also analyzes how administrative law was distinctively well suited for instrumentalization by the populist government, facilitated by its standard features like enforcement privileges and policy discretion when constitutional checks were weakened. This strategic use of administrative tools, alongside attacks on judicial independence, created a deeply interwoven "populist knot" of legal and political changes.

Rule of law restoration in Poland is not just legal reversal, but a profound political struggle within a polarized society. It is constrained by institutional factors such as cohabitation with two consecutive Presidents, who are aligned with the previous ruling party, and the control of key bodies like the Constitutional Tribunal and the National Council of the Judiciary (KRS) by political appointees. While some progress is being made through actions not requiring legislation, reforming the administrative state and its legal framework to prevent future instrumentalization remains a huge challenge, especially in the light of the 2025 presidential elections, surprisingly won by a populist candidate opposing the government.

An important problem is also confronting the administrative law's own potential for authoritarian use and to ensure it serves its protective function for all. The article argues that understanding how administrative law is being instrumentalized and addressing its structural vulnerabilities is crucial for building a resilient rule of law system against future populist pressures.