Prosecutors’ resistance against rule of law backsliding in Poland (2016–23)

Abstract

This study examines prosecutorial resistance to democratic backsliding in Poland (2016–23) using Šipulová’s three-dimensional analytical framework. Despite facing greater structural vulnerabilities than judges – hierarchical subordination, immediate retaliation risks and weaker formal protections – Polish prosecutors developed sophisticated resistance strategies combining on-bench actions (challenging illegitimate orders, refusing transfers) with off-bench mobilisation (professional associations, media engagement, coalition-building with judges and civil society). Based on interviews with eleven prosecutors, the research reveals a paradoxical effectiveness pattern: minimal immediate political impact coupled with significant long-term achievements. While unable to prevent institutional capture, prosecutors elevated their professional standing, fostered unprecedented interprofessional solidarity and raised societal awareness about prosecutorial independence. The study demonstrates that prosecutorial resistance functions as democratic preservation rather than immediate political opposition, maintaining institutional memory and professional standards crucial for future democratic reconstruction.