Poland has moved forward on restoring the rule of law but still needs to make better progress on several key issues, including judicial independence and public media, the European Commission said in the Poland chapter of its annual Rule of Law Report, published on July 24.

Poland has been in the rule of law spotlight for the past nine years, eight of which took place under the radical right-wing government of Law and Justice (PiS), which attempted to overhaul the country’s judiciary and exercise tight control over large swathes of public life, public media in particular. 

That policy choice cost Poland access to EU funds, as the bloc’s top court repeatedly judged PiS reforms to be incompatible with the EU’s legal fundamentals. 

The Commission’s report acknowledges attempts by the new government – in office since December – to roll back changes enforced by PiS via implementing a so-called “Action Plan on the Rule of Law.”

While the Commission “concluded that there is no longer a clear risk of a serious breach of the rule of law by Poland,” it also said there only has been “some progress” on several issues.

"The report correctly identifies efforts by the new Polish government to fix the rule of law in the country," Jakub Jaraczewski, a legal expert at Reporting Democracy, an NGO, told bne IntelliNews.

"But just as with the justification for the prior release of recovery and cohesion funds, the Commission gives the Polish authorities a lot of credit for plans, drafts and limited actions undertaken all the while President Andrzej Duda remains willing and able to block any legislation aimed at dismantling changes installed by his allies from PiS," Jaraczewski also said.

Poland still needs to complete the process of separating the office of the justice minister from that of the prosecutor-general, the Commission said. Both positions are currently held by Adam Bodnar despite pledges to separate them made by Prime Minister Donald Tusk in the campaign ahead of the election last October that elevated him to power.

Poland also needs to “ensure independent and effective investigations and prosecutions, address the broad scope of immunities for top executives and remove previously introduced impunity clauses in legislation to enable a robust track record of high-level corruption cases,” according to the report.

Poland also needs to ensure “fair, transparent and non-discriminatory procedures … for the granting of operating licences to media outlets.”

Poland’s public media – for long a top political spoil for subsequent governments – must enjoy an “effective legislative framework for the independent governance and editorial independence,” the report also said.