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Political asylum within the EU: the case of Zbigniew Ziobro and the crisis of trust between Poland and Hungary

Hungary’s decision to grant political asylum to former high-ranking Polish officials has become one of the most resonant episodes in relations between the two countries in recent times. We are not talking about dissidents or marginal figures, but about key representatives of the former Polish government, people who until recently shaped Poland’s judicial and security policy. Budapest’s move not only called into question the principles of mutual trust within the EU, but also demonstrated how political asylum can be turned into a tool for ideological and political struggle.

The central figure in this story is Zbigniew Ziobro, former Minister of Justice and Prosecutor General of Poland, one of the most influential and controversial politicians in the Law and Justice (PiS) party. Between 2015 and 2023, Ziobro effectively consolidated political control of the Ministry of Justice and oversight of the prosecutor’s office, drawing sharp criticism from the opposition, human rights organizations, and EU institutions.

Under Ziobro, a large-scale judicial reform was carried out, which the European Commission considered a systemic threat to the independence of the courts. In particular, with his participation, the procedure for appointing judges to the National Council of the Judiciary (KRS) was changed. Under the new procedure, the parliament, controlled by the PiS party, gained decisive influence over the formation of a body that had previously been considered a guarantee of the independence of the judiciary. In addition, a Disciplinary Chamber of the Supreme Court was created, with the power to remove judges and reduce their salaries for “politically motivated decisions.” The European Court of Justice ruled that the activities of this chamber were incompatible with EU law, but the Polish authorities ignored these rulings for a long time. As a result, Poland was fined €1 million per day, and payments from the EU Recovery Fund were partially frozen, which dealt a serious blow to the country’s budget.

At the same time, Ziobro oversaw the Justice Fund, an instrument officially designed to help victims of crime and finance resocialization programs. However, after the change of power, an audit of the fund revealed dozens of contracts concluded with organizations closely associated with the minister’s political circle. Among the recipients of funds were non-profit organizations that had no experience working with crime victims but were actively involved in conservative campaigns, anti-abortion initiatives, and events supporting the PiS line. The investigation also found that the fund’s money was used to purchase equipment for fire departments in the constituencies of loyal MPs, as well as for media projects not formally related to social assistance. It was these episodes that formed the basis of the charges of misuse of public funds and the creation of a clientelist network under the guise of social policy.

The Polish prosecutor’s office charged Zbigniew Ziobro with 26 crimes related to the alleged misuse of state funds.

In November 2025, the Polish Sejm stripped Ziobro of his parliamentary immunity on all counts and gave its consent to his possible detention and arrest. This move was unprecedented for a politician who, until recently, had controlled the prosecutor’s office itself. In effect, the former architect of repressive mechanisms found himself in the position of the accused, which many observers see as a symbolic turning point in Polish politics after the change of power.

It is important to emphasize that Ziobro’s case is not unique. In December 2024, Marcin Romanowski, former deputy minister of justice and Zebro’s subordinate, who was also charged in the Justice Fund case, was granted political asylum in Hungary. After the change of power in Poland at the end of 2023, Romanowski was charged with participating in an organized group, abuse of power, and misuse of public funds. He became the first Polish politician to officially receive asylum in Hungary, thus setting a precedent within the EU. Budapest’s decision provoked a sharp reaction from Warsaw: the Hungarian ambassador was summoned to the Polish Foreign Ministry, and representatives of the Polish government publicly announced the possibility of appealing to European institutions.

What caused Polish politicians to flee? After Donald Tusk’s coalition won the election, the new Polish government initiated a large-scale investigation into the activities of the previous government. Parliamentary commissions were set up, and the prosecutor’s office began reviewing dozens of cases related to finance, the secret services, and the courts. For PiS politicians, this meant not just the loss of power, but a real threat of criminal prosecution.

Ziobro and Romanowski claim that they have become victims of “political revenge” and that there is no longer a fair trial for them in Poland. In their statements, they compare what is happening to repression and emphasize that the prosecutor’s office, previously controlled by Ziobro, is now being used against him.

In his public statement, Ziobro used extremely harsh rhetoric characteristic of his political style: “I choose to fight political banditry and lawlessness. I oppose the encroaching dictatorship. I do this in the name of the principles that have always guided me and because of which I have become a target of the current government,” he wrote, effectively equating criminal prosecution with authoritarian practices.

Hungary, under the leadership of Viktor Orbán, eagerly picked up on this rhetoric. Budapest has stated that the principles of the rule of law are being violated in Poland and that the persecution of former officials is political in nature. This move is fully in line with Orbán’s long-term strategy, which has consistently criticized liberal EU governments and demonstrated a willingness to defend allies in the conservative camp.

It is important to note that granting asylum to citizens of another EU country is extremely rare. Formally, all EU member states are considered “safe,” which means that grounds for asylum must be exceptional. Hungary’s decision was a demonstrative challenge to this principle.

Orbán has several goals in the current situation. First, he is strengthening his image as a “defender” against pressure from Brussels. Second, he is using the Polish precedent as an argument in his own disputes with the EU, claiming that a change of power could turn into a witch hunt.

For the fugitives themselves, Hungary is a safe haven, as the Hungarian authorities are unlikely to extradite them, even if Poland sends an official request. Thus, asylum becomes not a temporary measure, but actual protection from justice.

Budapest’s current decision further exacerbates the already tense relations between Poland and Hungary, countries that formally remain allies in the EU and NATO, but have in fact moved from traditional friendship to open political confrontation. Their relations, which until recently were based on historical proximity and shared positions within the Visegrad Group, are rapidly cooling.

The Polish government has called Ziobro’s actions “demoralizing” and “cowardly,” while representatives of Donald Tusk’s coalition directly accuse him of fleeing justice.

Official Budapest is refraining from making any detailed comments, but the very fact that asylum has been granted is already a political statement. Warsaw expects diplomatic and legal steps to follow in the coming days, ranging from pressure through EU institutions to possible lawsuits and blocking Hungarian initiatives at the European level.

There are several possible scenarios for how the situation could develop. The first would be a long-term diplomatic cooling-off period, during which Poland and Hungary would maintain formal relations but would cease to coordinate their positions in the EU. The second would involve a legal conflict, including appeals to European courts and increased pressure on Hungary from Brussels. The third scenario involves possible political escalation if Hungary continues to grant asylum to other Polish officials.

In a broader context, this conflict demonstrates a crisis of trust within the European Union. When one EU country grants asylum to politicians from another country who are accused of corruption and abuse of power, it calls into question the very idea of a common legal space.

The story of Ziobro and Romanovsky’s asylum shows how a change in power turns former law enforcers into fugitives and political asylum into a weapon of ideological confrontation. In the coming years, this conflict could become one of the key tests of strength not only for Polish-Hungarian relations, but for the entire European Union.