The problem arose in January in Giżycko, in the north-east of Poland, where former spouses went to court to complete routine formalities regarding the division of property. Instead they heard that from the state's point of view they never obtained a divorce.
The matter comes down to the actions of Tusk's government, which rejects the rulings of some judges appointed under the right-wing Law and Justice partywhich ruled Poland in 2015–2023.
The judge from Giżycko found that the original divorce decree was legally “non-existent”because it was signed by one of the so-called neojudges appointed as part of reforms designed by the then Minister of Justice Zbigniew Ziobro.
Subsequent rulings by EU courts found that Ziobro's reform undermined the independence of the judiciary, which is why Tusk's government now faces a challenge: how to dismantle this systemwithout affecting legal certainty.
“It should be treated as the exception, not the rule.”
It is not known how many similar judgments may exist throughout Poland, but the scale of the problem is huge. It's happening in the country approximately 57,000 divorces per yearand tens of thousands of routine cases, including divorces, could be resolved by judges appointed under the contested system.
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Kinga Skawińska-Pożyczka, a lawyer from the Warsaw law firm Dubois i Wspólnicy, believes that the decision was wrong and should have been overturned on appeal. In her opinion, the court hearing a property case should not question the validity of a final divorce decree. — The Giżycko ruling should be treated as an exception, not a rule, she said.
Others, however, warn that even single rulings can have serious consequences. — A system that begins to massively question its own judgments ceases to be a system, says Bartosz Stasik, a lawyer from Wrocław. — No one wants to be the one to tell thousands of people that their divorces, inheritances or judgments do not exist. But every avalanche begins with a single stone.
At the center of the dispute is the National Council of the Judiciary, the body that nominates judges. In 2017, the Law and Justice government led by Ziobro changed the rules so that most of its members were elected by the parliament, and not the judges themselves.
When the EU courts took their stance, hundreds of judges had already been appointed or promoted under the new rules. They were among them also those dealing with everyday matterssuch as mortgages, inheritances and divorces.
“The most sensitive areas of citizens' lives”
Tusk's government is trying to minimize the effects of the dispute over “neo-judges”. A bill is being considered in the Sejm that would allow childless couples to divorce in registry offices, bypassing the court.
Minister of Justice Waldemar Żurek called the Giżycko ruling “very disturbing” and warned that the crisis surrounding “neo-judges” affects “the most sensitive areas of citizens' lives — family matters, finances and basic legal certainty.
Remote statement by Zbigniew Ziobro (on screen) at the headquarters of Law and Justice. Warsaw, December 5, 2025Albert Zawada / PAP
He blames Ziobro's reforms for the entire situation. Żurek also points to President Karol Nawrocki, a PiS ally, whose repeated threats to veto government bills aimed at repairing the rule of law are blocking legislative work. Citizens, he emphasizes, “cannot bear the costs of political decisions over which they had no influence.”
PiS politicians and their allies present this ruling as evidence of the collapse of state institutions under Tusk's rule. From Budapest, where he was granted political asylum, Ziobro said the verdict showed the government's willingness to create “true chaos and anarchy” to undermine his reforms — even at the cost of ordinary people's lives.
During a stormy parliamentary debate PiS MPs described the government's out-of-court divorce project as an “attack on marriage”and conservative legal circles and right-wing media accused the government of admitting to the failure of the justice system.
PiS noticed the topic as an opportunity for an effective political attack before next year's parliamentary elections. This means that the fight over the shape of the judiciary quickly turns into a political game about who voters will blame for the chaos – the creators of the PiS-era reforms or those who are trying to undo them.
Although Tusk's Civic Coalition is still leading in the polls, support for his coalition partners is falling, which raises the risk that even if the party wins, he will not be able to continue in power.
I’m Ashley Davis as an editor, I’m committed to upholding the highest standards of integrity and accuracy in every piece we publish. My work is driven by curiosity, a passion for truth, and a belief that journalism plays a crucial role in shaping public discourse. I strive to tell stories that not only inform but also inspire action and conversation.
