Judicial Independence in Everyday Practice: Institutional Norms and Informal Constraints in the Polish Judiciary

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Abstract

Judicial independence is a fundamental element of the rule of law, yet its everyday functioning in judicial practice remains insufficiently explored empirically. This article examines how judges in Poland understand and enact judicial independence in their daily work, taking into account formal institutional frameworks as well as informal organizational mechanisms, administrative pressures, and intra-court relations.
The analysis is situated in the context of judicial reforms introduced after 2018, which significantly reshaped the institutional environment of the judiciary. Changes to disciplinary procedures, judicial appointments, and court administration structures generated increased normative uncertainty and divergent interpretations of independence standards. In this context, professional judicial associations emerged as key actors. Beyond representing professional interests, they became arenas for articulating shared understandings of rule-of-law principles, offering peer support, and mobilizing judges in response to perceived threats to independence. Their activity highlights how collective professional organization influences everyday judicial strategies for coping with institutional pressures.
The study draws on 120 qualitative in-depth interviews with judges from the Supreme Court, appellate courts, and regional courts, complemented by analysis of institutional documents and case law. The findings show that judicial independence has a relational and situational character: it is negotiated within specific institutional settings and depends not only on formal legal guarantees but also on organizational culture, workload, evaluation systems, and hierarchical relations.
The article conceptualizes independence as an institutionally embedded phenomenon reproduced through routine professional practices, contributing to socio-legal scholarship and research on the institutional foundations of democracy.

Author

• Cezary Wasowski, BOR 6FK