Schrödinger’s Judges - Challenges to the Rule of Law Restoration in Poland

Abstract

What happens when judges are both legitimate and illegitimate at the same time? In post-2023 Poland, tension arises between ‘old judges’ (pre-2018), accusing ‘neo-judges’ of ethical compromise, and the new government, which aims to maintain judicial continuity. As a result, neo-judges find themselves in a state akin to Schrödinger's cat, their legitimacy simultaneously affirmed and denied. This paradox encapsulates the broader struggle over judicial authority and political influence in the country.

Keywords

• European Court of Justice
• Poland
• Rechtsstaat
• Rule of Law
• Rechtsstaat