Polish Prime Minister Donald Tusk has vowed to defend the independence of the judiciary without compromise after a judge suspended the head of the Constitutional Tribunal, sparking clashes between police and protesters in Warsaw. Lsm.lv reported that Tusk described the move as a necessity to restore the rule of law, while opponents characterize the action as an attempted “coup d’état.”
Judge Anna Korvina-Piotrowska suspends Tribunal leadership
The crisis escalated on October 30 when Judge Anna Korvina-Piotrowska issued an order suspending Constitutional Tribunal President Bogdan Szweczkowski and his deputy, Bartolomej Sohański. The suspension lasts for one month and is based on Article 130 of the law on the organization of common jurisdiction courts, which allows for immediate suspension if the interests of the service or the authority of the court require it. The tribunal published the notice on its website on Friday.
Korvina-Piotrowska, who has the longest tenure as a judge on the tribunal, assumed leadership of the body following the order. She is one of five judges elected by parliament whose oaths of office President Karol Nawrocki had previously refused to accept. The current parliament has elected eight of the 15 tribunal judges, but Nawrocki accepted only three oaths, and Szweczkowski prohibited the other five from reviewing cases.
W Polsce prawo wygra z przemocą. pic.twitter.com/t4lvZYeIGP
Did you know? The current conflict stems from a 2015 dispute where the parliament elected five judges, followed by the “Law and Justice” (PiS) party electing five others after the elections.
President Karol Nawrocki returns from Senegal to join protests
President Karol Nawrocki cancelled a visit to Senegal and returned to Warsaw to join protesters gathered outside the Constitutional Tribunal building. He called the suspension of the tribunal’s leadership a violation of the Republic of Poland’s constitutional order and claimed a state institution had been taken over by force. Nawrocki left the court around 5 a.m. and called on parties represented in parliament to enter crisis talks to stabilize the political situation.
Poland is facing a serious constitutional crisis following events at the Constitutional Tribunal in Warsaw on Friday, 30 October, and during the following night.For those unfamiliar with the Polish legal system, the Constitutional Tribunal is an independent constitutional body… pic.twitter.com/gFSJiZVPaP
The scene at the tribunal involved physical confrontations. Protesters, including members and leadership of the Law and Justice (PiS) party, clashed with police. Present at the site were PiS leader Jarosław Kaczyński, former Prime Minister Mateusz Morawiecki, former Tribunal President Julia Przyłębska, and Szweczkowski himself. Claims from a source named Bereks state that President Nawrocki physically attacked Korvina-Piotrowska and other judges. Justice Minister Waldemar Żureks, who also serves as Prosecutor General, told TVN24 that a prosecutor was sent to the tribunal, stating it is unacceptable for a person with immunity to break into a building and attack judges.
Tusk and Kaczyński clash over ‘Rule of Law’
Donald Tusk compared the crisis to a thief who steals a bag from an elderly woman and then complains of violence when caught. Tusk stated that there is no room for compromise regarding the rule of law, as the alternative is “the law of the jungle,” according to Lsm.lv. He added on the platform X that restoring the rule of law requires “decisive action.”
A judge whose oath was never accepted by the President @NawrockiKn has declared herself head of the Constitutional Tribunal @TK_GOV_PL and suspended its leadership, while police secured the building. This is not how the rule of law is restored. The Tribunal's crisis is real,…
Jarosław Kaczyński, leader of the Law and Justice party, accused the Tusk government of leading the country toward “authoritarianism and totalitarianism.” Lsm.lv reports that the two political forces—Tusk’s centrist-liberal “Civic Coalition” (KO) and the national-conservative PiS—have been locked in a struggle for the direction of the Polish state for over 20 years.
| Political Force | Ideology | Primary Support Base |
|---|---|---|
| Civic Coalition (KO) | Liberal, Pro-EU | City dwellers, young people |
| Law and Justice (PiS) | National-Conservative | Rural residents, older citizens |
Tusk intends to ensure legally appointed judges return
Tusk stated in August that the government intends to ensure legally appointed judges return to the court. He accused Kaczyński, Nawrocki, and former President Andrzej Duda of spending years attempting to weaken democracy.
Constitutional Tribunal Crisis FAQ
Why did the suspension of the tribunal president happen?
Judge Anna Korvina-Piotrowska suspended Bogdan Szweczkowski and Bartolomej Sohański on the grounds that they were sabotaging the work of the court and blocking the appointment of judges elected by the parliamentary majority.
Who is Karol Nawrocki in this conflict?
He is the President of Poland and is aligned with the Law and Justice (PiS) party. He has refused to accept the oaths of five parliamentary-appointed judges and has called the government’s actions a coup.
In Poland, the government is attempting to seize by force the highest organ of judicial power – the Constitutional Tribunal.The illegality of the actions of usurpers claiming to be “judges” (who in fact act as politicians) is pointed out by both judges, the Head of the Supreme… pic.twitter.com/eC6dZ51gQV
What is the legal basis for the one-month suspension?
The action was based on Article 130 of the law on the organization of common jurisdiction courts, which allows for the immediate suspension of a judge if the nature of their actions or the interests of the service require it.
The current deadlock follows a period of rapid economic growth that has positioned Poland as one of Europe’s leaders.
The stand off around Poland’s Constitutional Tribunal is about restoring rule of law to an institution which had been politicised by the populist government which lost power in the election of 2023. Its president repeatedly broke the law by steering politically sensitive cases…
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