European Commission backs Donald Tusk over judicial crisis

The European Commission called on Polish President Karol Nawrocki to approve the appointment of judges to the Constitutional Tribunal, backing Donald Tusk as a profound political crisis intensifies in Warsaw. The European Commission noted that the appointment of new members of the Constitutional Tribunal is of the constitutional competence of the Sejm, the lower house of parliament. The standoff erupted over control of the judiciary, culminating in street protests and physical clashes outside the court building.

Clashes Erupt Outside Warsaw Court Building

The ongoing struggle for control of the Constitutional Tribunal escalated into a physical confrontation late in the night before Saturday. President Karol Nawrocki pushed his way through to the building and knocked down a female judge. Video footage shared online captured the incident, prompting Donald Tusk to deliver a televised address. Tusk condemned the provocation, stating that the rule of law differs from the law of the jungle in that muscles and arrogance do not determine who is right. Tusk compared the situation to a thief who, after his arrest, screams that he is being subjected to violence, while bystanders suggest he share the loot with the victim.

Protesters from the Law and Justice (PiS) party and other right-wing organizations gathered outside the court to denounce government maneuvers aimed at altering the court’s leadership.

Government Moves to Oust Tribunal Leadership

The institutional crisis was triggered on October 30 when the official website of the Constitutional Tribunal published a notice declaring that Chief Justice Bogdan Święczkowski and his deputy were temporarily suspended from their duties. Minister of Justice and Prosecutor General Waldemar Żurek sought to strip both officials of their immunity to pursue criminal charges for alleged obstruction of justice. The tribunal’s web portal subsequently published a message claiming the site had been hacked and maintaining that Święczkowski remained the legitimate head of the institution.

In place of the suspended leadership, the government backed Judge Anna Korvin-Piotrowska to take over temporary management of the tribunal. Korvin-Piotrowska is one of five new constitutional judges elected by the Sejm, the lower house of parliament, who have been blocked from taking office because President Nawrocki has refused to accept their oaths. Prime Minister Tusk insisted that the Polish constitution obliges the president to recognize lawfully elected judges, stating that continued refusal deepens the constitutional paralysis.

Polish UN Envoy Resigns Amid Executive Branch Conflict

Foreign Minister Sikorski stated that President Nawrocki personally pressured key ambassadors to resign as the domestic turmoil widened. Meanwhile, opposition leader Jarosław Kaczyński described the government’s actions against the tribunal as the final stage of a progressive coup d’état. The European Commission reiterated that appointing members to the Constitutional Tribunal falls under the constitutional competence of the Sejm, urging all Polish authorities to ensure the court operates in accordance with the national constitution and EU jurisprudence.

Frequently Asked Questions About the Polish Constitutional Crisis

Why did President Karol Nawrocki refuse to swear in the newly elected judges?

President Nawrocki has refused to accept the oaths of the five judges chosen by the Sejm, including Anna Korvin-Piotrowska, who were previously blocked from entering the building by Chief Justice Bogdan Święczkowski.

European Commission backs Donald Tusk over judicial crisis
Photo: Dnevnik.bg

What legal actions were initiated against the suspended tribunal leaders?

Minister of Justice and Prosecutor General Waldemar Żurek requested the removal of immunity for Chief Justice Bogdan Święczkowski and his deputy to enable criminal prosecution for alleged obstruction of justice following the government’s October 30 suspension order.

How have international bodies responded to the Warsaw standoff?

The European Commission issued a statement urging President Nawrocki to approve the appointments, emphasizing that the Sejm holds the constitutional competence to name new tribunal members and that the court must function in line with the national constitution and EU jurisprudence.