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This article seeks to shed light on the evolution of demand for differentiation in Poland. First, it argues that since EU accession Poland has moved from instrumental towards quasi-constitutional differentiated integration, and towards differentiated disintegration de facto. Second, it conceptualizes non-compliance in the rule of law area as a manifestation of differentiated disintegration de facto understood as polity-related deliberate and enduring circumvention of EU legal framework. Third, it argues that this mode of de facto differentiation constitutes a challenger strategy of Poland’s populists in power aimed at undermining the foundations of the European polity. Accordingly, the Polish case provides an illustration of ‘post-functionalism reversed’: it is not a Eurosceptic public that constrains a pro-integrationist government, but a Eurosceptic government that drives differentiation and disintegration without explicit support from the largely pro-integrationist public.

De facto differentiated disintegration in the European Union. The case of Poland