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Civil society opposing populists in power: the effectiveness of initiatives against PiS government in Poland

Europe (Central and Eastern)
Civil Society
Populism
Aleksandra Moroska-Bonkiewicz
University of Wrocław
Aleksandra Moroska-Bonkiewicz
University of Wrocław

Abstract

As the PiS government in Poland showed, when populists are in the majority, they change liberal democracy towards authoritarianism. In the face of a growing threat citizens may resort to various forms of protests. Researchers rarely ask about the effectiveness of opposition in illiberal democracies. The aim of this paper is to find out whether civil society (c.s.) initiatives may constrain the policies or actions of populists in power? What other (perverse) effects does c.s. opposition bring in illiberal democracies? The analysis is based on acts of protest (gatherings and occupying places) opposing PiS restrictions of the constitutional right to freedom of assembly. The analysis uses Bourne's (2023) theoretical framework of the effectiveness of reactions to populist parties. Research is based on the content analysis of press releases, web pages, court rulings and semi-structured interviews with c.s. organizations, judiciary, law experts. The results show that c.s. acts proved effective to some extent. They did not changed the populist policy but indirectly contributed to immunizing democracy. A key role in this process was played by the courts. Pro- constitutional jurisprudence in criminal law protecting civil rights and freedoms has been developed. It neutralized the impact of illiberal laws and repressive actions by the executive. Courts also prevented the chilling effect of the government's "repressive legalism" on social opposition. However, there was also a perverse effect, as the populists repressed engaged judges and did not stop their "repressive legalism".