Položaj javnog tužilaštva u Poljskoj – jedan primer delovanja iliberalnih demokratija

This paper examines the position of the public prosecutor’s office in Poland within the broader context of the transformation from liberal to illiberal democracy. The author argues that, following the rise to power of the Law and Justice Party (PiS) in 2015, systemic changes were introduced that seriously undermined the rule of law, particularly in the judiciary and prosecution. Special attention is given to the 2016 Public Prosecutor’s Office Act, which merged the roles of Minister of Justice and Prosecutor General, significantly increasing political influence over the prosecution service. The paper analyzes the critical opinions of the Venice Commission from 2017 and 2024, and reviews the new government’s efforts to implement reforms aligned with rule of law standards. The aim is to demonstrate how illiberal regimes exploit the formal institutions of liberal democracy to erode its foundations, and to highlight the vital role of prosecution services in safeguarding democratic values.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.51204/zbornik_umkp_25140a
Primary Topic
European and International Law Studies
Type
article
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article

Položaj javnog tužilaštva u Poljskoj – jedan primer delovanja iliberalnih demokratija

Aleksandar Cvetković
European and International Law Studies
article

Položaj javnog tužilaštva u Poljskoj – jedan primer delovanja iliberalnih demokratija

Aleksandar Cvetković
article en

Abstract

This paper examines the position of the public prosecutor’s office in Poland within the broader context of the transformation from liberal to illiberal democracy. The author argues that, following the rise to power of the Law and Justice Party (PiS) in 2015, systemic changes were introduced that seriously undermined the rule of law, particularly in the judiciary and prosecution. Special attention is given to the 2016 Public Prosecutor’s Office Act, which merged the roles of Minister of Justice and Prosecutor General, significantly increasing political influence over the prosecution service. The paper analyzes the critical opinions of the Venice Commission from 2017 and 2024, and reviews the new government’s efforts to implement reforms aligned with rule of law standards. The aim is to demonstrate how illiberal regimes exploit the formal institutions of liberal democracy to erode its foundations, and to highlight the vital role of prosecution services in safeguarding democratic values.

Openalex Percentile: Top 74%
European and International Law Studies
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Položaj javnog tužilaštva u Poljskoj – jedan primer delovanja iliberalnih demokratija — Aleksandar Cvetković · (2025) | TGRS Research Map | TGRS