Poland’s long-standing struggle over judicial independence has escalated into a direct confrontation between Prime Minister Donald Tusk and President Karol Nawrocki. The dispute centers on the leadership of the Constitutional Tribunal, where the suspension of its top officials has triggered public protests and a significant police deployment outside the court’s premises in Warsaw.
The crisis reached a breaking point on Friday when Judge Anna Korwin-Piotrowska announced the one-month suspension of Tribunal president Bogdan Święczkowski and his deputy, Bartłomiej Sochański. Judge Korwin-Piotrowska stated she would assume control of the institution. This administrative intervention followed a prolonged deadlock regarding the appointment of new judges, whom Święczkowski had barred from occupying their positions.
President Nawrocki, an ally of the nationalist Law and Justice (PiS) party, responded by cutting short a visit to Senegal to return to Warsaw. He characterized the suspension of the Tribunal’s leadership as a “forcible takeover of a constitutional institution.” Leaders from the PiS party have echoed this sentiment, framing the government's actions as an attempted coup. As news of the suspension broke, hundreds of demonstrators gathered near the court, leading to a police presence intended to manage risks to public order and potential threats to judicial staff. Officers confirmed that three individuals were arrested after attempting to enter the court complex.
Prime Minister Tusk has defended his government’s intervention, arguing that the administration is working to repair the rule of law following eight years of political interference under the previous PiS government. In a post on X on Saturday, Tusk described the process as difficult and painful but necessary, asserting that there was no alternative path. In a televised address, he emphasized that “shouting, lies, and brawling cannot be the source of law in Poland.”
The Constitutional Tribunal, which evaluates whether legislation complies with the nation’s constitution, has been a focal point of political contention since 2015. During its tenure, the PiS government implemented judicial changes that drew sharp criticism from international bodies. In 2021, the European Commission warned of a systemic risk to the rule of law in Poland, leading to the freezing of EU funding. Both the European Court of Human Rights and the EU’s top court have previously ruled that the Tribunal failed to meet the requirements of an independent judicial body.
Tusk, who returned to power in December 2023, campaigned on a promise to restore judicial independence. However, his efforts have faced significant hurdles, including the continued presence of PiS-appointed judges and the role of President Nawrocki in the appointment process. Earlier this year, parliament elected eight judges to the 15-member bench, but Nawrocki refused to administer the oath to five of them. These judges subsequently took their oaths without his presence, only to be blocked from working by Święczkowski.
Legal experts have expressed concern regarding the latest developments, noting that the authority of Judge Korwin-Piotrowska to suspend the Tribunal’s leadership remains disputed. Some scholars argue that her claim relies on total length of judicial service rather than seniority within the Tribunal. The situation presents a complex dilemma for the current government: attempting to restore the institution's independence without casting doubt on the legitimacy of their own actions. As tensions persist, the US ambassador to Poland, Tom Rose, has urged all parties to refrain from further escalation.
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