
14 min read — Poland | Rule of Law | Illiberalism | Governance
Poland’s Rule Under PiS and the Usefulness of ‘Illiberalism’ as an Academic Concept

By Francesco Bernabeu Fornara — Editor-in-Chief
University of Amsterdam
Electronically Published: April 3, 2025
First Published: February 3, 2025
Introduction
Scholarly research around ‘illiberalism’ has often framed Poland as a poster child for the concept as applied to Central and Eastern Europe (CEE), along with Hungary.1 This is because scholarly consensus admits ‘illiberal(ism)’ as following a few factors, all of which apply to Poland:2 (1) ‘illiberalism’ is post-liberal,3 indicating a disillusionment with liberalism;4 (2) it is not non-liberalism, which is better suited for describing regime-types like fascism or communism; and (3) it is interdisciplinary. Consequently, so-called illiberal regimes are often found along a continuum between democracy and non-democracy, transitioning towards the latter—5 much like Poland’s political developments from being an exemplar in post-communist democratisation to one which saw the independence of its institutions and election laws undermined post-2015.6
Methodology
Beyond this consensus, scholarly contention in defining ‘illiberal(ism)’ remains heated.7 Therefore, cross-referencing these abstract definitions in application to the widely agreed-on ‘illiberalism’ of Poland would do much to clarify their usefulness.
Complicating things further is the term’s operationalisation as an adjective (illiberal) versus noun (illiberal-ism), and in largely different semantic contexts—media, think tank, political, and academic worlds.8 Acknowledging this, the present paper will focus on the term’s academic application as a noun, given its more clearly structured differing schools of thought. Consequently, this investigation attempts to answer the following research question:
To what extent does the rise and manifestation of illiberalism in Poland challenge the concept’s usefulness in political analysis based on different scholarly interpretations?
To answer this, the present paper juxtaposes differing definitions of illiberalism onto Poland’s political developments, hence determining the efficacy of the former as an abstract explanation for the latter. To do so, this investigation underpins its analysis using the term’s definition by French political scientist and ideology-specialist Marlène Laruelle in her 2022 journal article Illiberalism: a conceptual introduction. This specific definition is chosen as it offers a broad enough scope to ‘illiberalism’ as to serve as an effective default, not least because the author bases her definition on a comprehensive incorporation of the concept’s academic study up until 2022.
Where gaps in her definition are found in explaining Poland’s illiberalism, the paper compensates by incorporating other, better-suited academic interpretations. By determining the extent to which Laruelle’s definition requires compensation to adequately explain Poland’s illiberalism, we can deduce the former’s usefulness. Thus, this investigation attempts to add to the academic literature on illiberalism by demonstrating, at the very least, the efficacy of Laruelle’s definition, and at most, the usefulness of the concept as a stand-alone phenomenon in political analysis (ie., one not needing to be joined with other concepts to be useful, like with its adjective form in ‘illiberal democracy’ or ‘illiberal conservatism’).
Essay outline
In attempting to define ‘illiberalism’, Laruelle proposes the concept be interpreted in four factors:
- Ideologically coherent: illiberalism is ‘doctrinally fluid and context-based’ yet ‘to some degree coherent’.9
- Post-liberal: it is a backlash and/or disillusionment to contemporary liberalism in all its domains—‘political, economic, cultural, geopolitical, civilisational’.10
- Majoritarian sovereigntist: emphasises national sovereignty, traditional hierarchies, and cultural homogeneity. Rejects international multilateralism, neoliberal orthodoxy, multiculturalism, and minority rights.11
- Post-postmodernist: as a reaction to globalism, illiberalism shifts politics to culture in its rejection of relativist-based postmodernism, questioning cosmopolitanism, post-nationalism, and identity fragmentation.12
To ensure methodological efficacy, this analysis bases its substructure on Laruelle’s own definition, using the four domains outlined in the second factor as subsections—political, economic, cultural, geopolitical, and civilisational liberalism—allowing for a comprehensive overview of Poland’s political developments (understood through academic articles on the same, many of which do not explicitly focus on illiberalism, so as to prevent confirmation bias).
The first section on political liberalism concerns civil liberties and the rule of law, with a particular focus on ‘checks and balances, limiting majoritarianism by guaranteeing the rights of minorities’,13 protection from state intervention, and separation of powers. The second, economic liberalism—synonymous today with neoliberalism—focuses on the protection of ‘market economy and private property’, that is, an advocation for ‘privatisation, deregulation, globalisation, free trade, and austerity measures’.14 The third, cultural liberalism, emphasises the ‘emancipatory power of individual rights’ as an extension to individual freedoms, embracing multiculturalism and recognising the diversity in, for example, ethnic identities and sexual orientations.15 The fourth and fifth—analysed together due to their similarity—concerns geopolitical and civilisational/colonialist liberalism, focusing on the global influence of the post-WWII (US-led) international order and the Fukuyama-style (Western) imposition of the universality of liberal values, rejecting other forms of ascension to modernity. ‘Illiberalism’, therefore, according to Laruelle, is a rejection of these five liberal ‘scripts’, for which the following analysis uses as a lens onto Poland—though she is careful to highlight the importance of regional context.
Political (il)liberalism
The undermining of separation of powers within post-communist Poland started quickly following the 2015 electoral victory of Law and Justice (PiS),16 winning a slim majority in both legislative chambers.17 By then, Poland’s former ruling party, Civic Platform, had precipitously—but legally—nominated 3 new judges to the Constitutional Tribunal (CT), for whom the President, PiS’ Andrej Duda, refused to admit.18 By eventually annulling these legally elected judges, PiS packed the CT by appointing five new judges loyal to the party—illegally replacing those three judges and legally selecting two more. Following numerous more illegalities, the CT’s decision-making become effectively ‘paralysed’, weakened and unable to scrutinise PiS legislation;19 actions which, according to the Venice Commission,20 purposely and substantially weakened the power of the CT as the guarantor of Poland’s constitutionality.21
The PiS-packed CT would gradually become a government aide, exemplified by an unprecedented drop in judgments22 and by the CT’s President, known for drafting legislative bills, regular dines with PiS’ leader.23 The CT—responsible for mitigating majoritarianism—became the legislative majority’s enabler.24
Judicially unchecked, PiS passed legislation that undermined the independence of electoral commissions and weakened freedom of association, voting through a ‘Media Act’ that replaced public service broadcasters with PiS loyalists,25 and curtailed government support for NGOs deemed ideologically hostile, propping up civil society favourable to the party.26
Seen through Laruelle’s ‘illiberalism’, PiS’ evident collusion between the President, legislative majority, and revamped judiciary removed any effective separation of power upheld under political liberalism. Adding to this an overt manifestation of political majoritarianism, negligible checks and balances, and unwarranted state intervention into civil society undoubtedly checks Laruelle’s political criteria for illiberalism.
Economic (il)liberalism
Economically, like other CEE countries, PiS has advanced a highly interventionist, fiscally expansive policy—widely associated with populist agendas.27 Its flagship economic programme introducing universal child benefit (‘Family +500’)28 was followed by another child benefit education programme, ‘Good Start (300+)’, a retirement age lowering, a minimum wage doubling, and a one-time cash transfer to pensioners (‘Pension+).29 Together, PiS has advanced one of the largest European social programmes marked by a generous welfare system—in stark contrast to the former government under the liberal Civic Platform (figure 1).

At first, ‘PiSonomics’ seems to align with Laurelle’s illiberalism’s economic criteria—a backlash to neoliberalism. Closer inspection, however, reveals electoral pragmatism, where PiS’ government expenditures targeted its voter-base, including the elderly (eg., Pension+) and the family unit as part of the traditional hierarchy.
This is supported by seemingly neoliberal contexts under PiS’ rule, including low government spending and crawling privatisation in education and healthcare sectors, a strong support for the EU single market,30 and heightened facilitation of foreign direct investment.31 Given that the Polish education and healthcare sectors—who represent an electoral base for PiS’ opposition—have been victim of targeted PiS propaganda,32 casts doubt on the proposition that ‘PiSonomics’ follows coherence rather than a purely pragmatic, electorally-based, and populist-rooted agenda. Supporting this is econometric research suggesting PiS’ economics has degraded long-term fiscal sustainability, indicating a prioritisation of short-term orientation for electoral benefit.33
Therefore, while Laurelle caveats illiberalism’s ‘ideological fluidity’, her assertion that the concept has ‘some degree of coherence’ logically presupposes some unyieldingness to principles of rejecting liberalism, precluding pure political pragmatism. If so, PiS is yet to prove this, at least economically, shedding doubt on illiberalism’s alleged coherence. Instead, a more applicable take to the concept is perhaps Takis Pappas’ interpretation of populist-rooted ‘democratic illiberalism’, which bases economic policy on patronage—a clientelism where public funds strategically strengthen the government’s electoral base, reward allies, and disadvantage the opposition.34
Cultural (il)liberalism
According to Laurelle, illiberalism’s rejection of cultural liberalism—the repudiation of multiculturalism and identity-based rights—in CEE ‘explicitly associates neoliberalism and cultural liberalism, seeing them as twins born of the post-communist transition’.35 Culturally, this is precisely what PiS has advanced, particularly in memory politics.
Educationally, while history’s purpose under a liberal model is to foster ‘universal civic values’ and teach the subject as an academic discipline, PiS has advanced a traditional nationalist model intended to strengthen national identity.36 As such, in 2017, PiS reformed the Polish history curricula to emphasise ‘patriotic and emotional aspects, which will influence building national consciousness and historical identity’, and that ‘arousing love for our motherland will be possible through learning about the history of our nation, its achievements, its mother tongue…’.37 This was met with political takeovers of other knowledge institutions, particularly museums, such as the Second World War Museum in Gdansk, which was eventually packed with PiS loyalists who reformed the establishment to emphasise Polish victimhood and heroism—despite fierce backlash in protests and legal battles.38 Similarly, PiS attempted to transform the narrative around the ‘Cursed Soldiers’—post-WWII resistance fighters against Soviet-imposed Polish communism—into idealised national heroes, either denying or marginalising their known anti-Semitism due to their responsibility in murdering Jews under the myth of ‘Judeo-Communism’.39
On multiculturalism, PiS has targeted Muslim refugees and so-called ‘LGBTQ+ ideology’. During the 2015 European refugee crisis, PiS refused any EU migrant quotas, arguing their supposed ‘threat to Poland’s traditional values, national identity and national security’.40 In its 2019 and 2020 election campaigns, it framed ‘LGBTQ+ ideology’ as a ‘national enemy’ who would undermine ‘Polish values, culture, religion, and even the biological continuation of the nation’.41 This has aligned with PiS’ aforementioned economic policies which placed the traditional family unit at centre stage. Moreover, it de-privatised the state-religion separation when the Polish Catholic Church aligned itself explicitly with PiS.42 As such, PiS’ cultural actions do indeed suggest a principled coherent approach towards traditional hierarchies, aligning with a systematic rejection of cultural liberalism, following Laurelle’s interpretation of illiberalism.
Geopolitical and civilisational (il)liberalism
In terms of foreign policy, Poland under PiS has remained strictly Atlanticist, strengthening ties with the US and NATO—43 two epitomes of the post-WWII liberal international order. At first glance, it seems a clear denial of the expected rejection of geopolitical liberalism under Laruelle’s ‘illiberalism’.
Closer inspection, however, reveals a PiS-led foreign policy which leveraged US ties for fiercer Russian deterrence, coherent with its memory politics, while breaking its ‘traditional [pre-2015] pro-EU orientation’.44 Seen through this lens, we see arguably a rejection of a civilisational liberalism personified by non-economic European integration—rather than by the US—fuelled domestic cultural illiberalism, translating into a repudiation of West European (EU)-imposed ‘civilisational’ liberalism. To compensate for this, in addition to underlining the context-dependence of geopolitical and civilisational illiberalism, Laruelle underlines how for CEE, it is Western Europe that serves as the rhetorical punching back against liberal civilisation/colonialism,45 supporting the aforementioned deduction.
Still, it’s accordance with a rejection of geopolitical liberalism—which focuses on the legal-economic US-led international order—is far from clear in Poland’s case. Instead, an interpretation of illiberalism based on populist politics of representation, proposed by David Cadier, seems more suitable at explaining PiS’ geopolitical liberalism and civilisational illiberalism, which emphasises a neorealist Self (ie., the Polish nation) vs Other.46
Conclusion
In determining the usefulness of the term ‘illiberalism’ (in its noun ‘-ism’-version) as a concept with some level of ideological coherence in political analysis, this paper has used the commonly agreed-on illiberalism of PiS’ Poland as a case study to test the efficacy of the relatively broad definition of the concept proposed by Marlène Laruelle. In doing so, the paper identifies the gaps in her definition and employs other scholarly interpretations to compensate, such as that of David Cadier’s politics of representation and Takis Pappas’ ‘democratic illiberalism’.
Where meaningful gaps were found is in Laruelle’s proposition that illiberalism requires a rejection of economic and geopolitical liberalism, both of which were not sufficiently manifested under PiS’ rule. In regard to the economic aspect, the paper identifies plausible gaps in illiberalism’s coherence, understood as a principled, non-pragmatic backlash to liberalism’s facets, in this case its neoliberal aspect—something not found under PiS. This investigation has further highlighted the importance of regional context, specially regarding geopolitical (il)liberalism, for which the dependence of US-allied vs US-rivalled countries is most relevant—which generally correlates with the antagonism/acceptance towards the liberal international order, wherefore Poland accepts. Where non-pragmatic stances on illiberalism are found is particularly regarding cultural (il)liberalism, for which PiS has been explicit in and has sacrificed political capital—indicating principled positioning—when it temporarily strained its US relations in favour of maintaining anti-LGBTQ+ rhetoric and passing its so-called ‘Holocaust law’, for example.47 Even so, further research should attempt to differentiate such aspects from a populism application to illiberal analysis.
In all, this paper has investigated possible gaps to understanding ‘illiberalism’ as a coherent ideology—at least in respect to Laruelle’s interpretation thereof—and has more broadly highlighted not only the difficulty in advancing concept as an ‘-ism’ but also its blurry overlay with related terms such as populism.
1 Drinóczi, Tímea, and Agnieszka Bień-Kacała. “Illiberal Constitutionalism: The Case of Hungary and Poland.” German Law Journal 20, no. 8 (2019): 1140–66. https://doi.org/10.1017/glj.2019.83.
2 Drinóczi, Tímea. “Illiberalism.” In Encyclopedia of the Philosophy of Law and Social Philosophy, edited by Mortimer Sellers and Stephan Kirste. Dordrecht: Springer, 2022. https://doi.org/10.1007/978-94-007-6730-0_1047-1.
3 Drinóczi, “Illiberalism.”
4 Pabst, Adrian. “Postliberal Politics: The Coming Era of Renewal.” Ethics & International Affairs 35, no. 4 (2021): 591–92. Cambridge, U.K.: Polity, 2021. https://doi.org/10.1017/S0892679421000599.
5 Laruelle, Marlene. “Illiberalism: A Conceptual Introduction.” East European Politics 38, no. 2 (2022): 303. doi:10.1080/21599165.2022.2037079.
6 Grzymala-Busse, Anna. “Poland’s Path to Illiberalism.” Current History 117, no. 797 (March 2018): 96. University of California Press. https://www.jstor.org/stable/10.2307/48614331.
7 Laruelle. “Illiberalism: A Conceptual Introduction,” 303.
8 Ibid., 304.
9 Ibid., 309.
10- Ibid., 311.
11 Ibid., 309.
12 Ibid., 310.
13 Ibid., 312.
14 Ibid.
15 Ibid.
16 Páp, András László, and Anna Śledzińska-Simon. “The Rise of Illiberal Democracy and the Remedies of Multi-Level Constitutionalism.” Hungarian Journal of Legal Studies 60, no. 1 (2019): 80. https://doi.org/10.1556/2052.2019.60105.
17 Kinowska-Mazaraki, Zofia. “The Polish Paradox: From a Fight for Democracy to the Political Radicalization and Social Exclusion.” Social Sciences 10, no. 3 (2021): 112. https://doi.org/10.3390/socsci10030112.
18 Mazur, Dariusz. “From Bad to Worse – The Polish Judiciary in the Shadow of the ‘Muzzle Act” (Second Publication). Annual Report for 2020. Published by THEMIS, updated as of December 31, 2020: 10
19 Sadurski, Wojciech. “Polish Constitutional Tribunal Under PiS: From an Activist Court, to a Paralysed Tribunal, to a Governmental Enabler.” Hague Journal on the Rule of Law 11 (2019): 65 and 72. https://doi.org/10.1007/s40803-018-0078-1.
20 Venice Commission. Poland: Opinion on the Act of the Constitutional Tribunal. 2016. https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD%282016%29026-e.
21 Havlík and Hloušek. “Differential Illiberalism,” 123.
22 Sadurski. “Polish Constitutional Tribunal Under PiS,” 82.
23 Mazur. “From Bad to Worse – The Polish Judiciary,” 10.
24 Sadurski. “Polish Constitutional Tribunal Under PiS,” 77.
25 Havlík and Hloušek. “Differential Illiberalism,” 124.
26 Kinowska-Mazaraki. “The Polish Paradox,” 7
27 Wysocki, Maciej, Cezary Wojcik, and Andreas Freytag. “Populists and Fiscal Policy: The Case of Poland.” European Journal of Political Economy 83 (2024): 102556. https://doi.org/10.1016/j.ejpoleco.2024.102556.
28 Wlodarczak-Semczuk, Anna. “Polish Reforms Under Nationalist PiS Government.” Reuters, September 19, 2023. https://www.reuters.com/world/europe/polish-reforms-under-nationalist-pis-government-2023-09-19/
29 Wysocki, Wojcik, and Freytag. “Populists and Fiscal Policy,” 15-16.
30 Buras, Piotr. “Europe and Its Discontents: Poland’s Collision Course with the European Union.” European Council on Foreign Relations, September 7, 2017. https://ecfr.eu/publication/europe_and_its_discontents_polands_collision_course_with_the_eu_7220/
31 Boguslawski, Jan. “Poland’s Elections: New Politics, Old Economics?,” German Marshall Fund, October 09, 2023. https://www.gmfus.org/news/polands-elections-new-politics-old-economics
32 Ibid.
33 Wysocki, Wojcik, and Freytag. “Populists and Fiscal Policy,” 9 and 32.
34 Pappas, Takis S. Populism and Liberal Democracy: A Comparative and Theoretical Analysis. Oxford: Oxford University Press, 2019. Online edition, Oxford Academic, May 23, 2019. https://doi.org/10.1093/oso/9780198837886.001.0001.
35 Laruelle. “Illiberalism: A Conceptual Introduction,” 314.
36 Jaskulowski, Krzysztof, and Piotr Majewski. “Populist in Form, Nationalist in Content? Law and Justice, Nationalism and Memory Politics.” European Politics and Society 24, no. 4 (2022): 463. doi:10.1080/23745118.2022.2058752.
37 Ibid., 464.
38 Ibid., 466-467.
39 Ibid., 476-470.
40 Kinowska-Mazaraki, Zofia. “The Polish Paradox,” 8.
41 Ibid., 10-11.
42 Ibid.
43 Cadier, David. “Populist Politics of Representation and Foreign Policy: Evidence from Poland.” Comparative European Politics 19 (2021): 709. https://doi.org/10.1057/s41295-021-00257-2.
44 Zwolski, Kamil. “Poland’s Foreign-Policy Turn”. Survival 59 (2017): 167–182.
45 Laruelle. “Illiberalism: A Conceptual Introduction,” 313.
46 Cadier. “Populist Politics of Representation and Foreign Policy,” 703–721.
47 Ibid., 710.
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