Judges at Poland’s Constitutional Tribunal are gathering on Tuesday to determine the future of the institution, a move that follows the recent suspension of the court’s president amid a tense and ongoing dispute between the government and the presidency. The standoff reflects a broader conflict over the rule of law in Poland, with protesters maintaining a daily presence outside the tribunal’s building in Warsaw since the suspension of court president Bogdan Święczkowski.
Święczkowski, who was appointed during the 2015-2023 tenure of the nationalist-conservative PiS party, has characterized his suspension as a “coup d’etat.”
The current government, led by Prime Minister Donald Tusk, accuses President Karol Nawrocki—who maintains an alignment with the PiS party—of preventing judges elected by the current parliamentary majority from assuming their roles at the tribunal. The friction escalated on Friday when riot police surrounded the tribunal building.
From inside, the most senior of the newly elected judges announced the suspension of Święczkowski. President Nawrocki, who was visiting Senegal at the time, cut his trip short to return to Warsaw and join the demonstrators gathered outside the court.
Critics within Poland and the European Union have long argued that the PiS party, during its years in power, exerted improper political control over judicial institutions, including the Constitutional Tribunal. These concerns previously led the European Union to impose fines on Poland for undermining the rule of law.
While the Tusk government took power in 2023 with a pledge to restore judicial independence, its initiatives have faced persistent obstacles from PiS-aligned presidents, including Nawrocki.
Faced with failed attempts to regain control of the tribunal, the government has adopted a less conventional strategy, which Tusk acknowledged might not be universally supported.
The conflict intensified in mid-October when parliament elected a new judge, a move intended to give judges not aligned with PiS a majority on the tribunal. However, Nawrocki refused to administer the oath of office to the new appointee. Subsequently, the judges elected this year took their oaths during a parliamentary ceremony, an action recognized by the current government but rejected by the PiS camp.
On Friday, these new appointees entered the tribunal premises under the watch of riot police. Anna Korwin-Piotrowska, one of the new judges, issued the notice of suspension for Święczkowski, citing her authority as the most senior judge and alleging irregularities during his tenure.
The European Commission and the EU’s top court have frequently criticized judicial reforms introduced by the PiS, with the EU Court of Justice declaring in 2023 that the tribunal was no longer an impartial body. Both Tusk’s government and the PiS opposition now accuse one another of violating the Polish Constitution. Prime Minister Tusk stated on X on Friday that restoring the rule of law is a difficult, sometimes painful process that requires decisive action.
Conversely, former PiS Justice Minister Zbigniew Ziobro, the architect of the controversial reforms, described the suspension as a “blatant, criminal attack on the constitutional order” and called for firm resistance.
Legal experts offer mixed perspectives on the situation. Maciej Nowicki of the Helsinki Foundation for Human Rights noted that while the principle of reversing PiS-era changes is supported by many, the methods used have drawn criticism. He expressed concern that the doubtful legal basis for the suspension and the presence of police on the tribunal grounds have escalated political emotions, potentially hindering a resolution.
Nowicki suggested that a total “reset” of the tribunal, including an entirely new bench, might be required.
Anna Korwin-Piotrowska has convened a general assembly of the Constitutional Tribunal judges for Nov. 3. The meeting is intended to decide the future of the court and potentially address the immunity of Święczkowski, which could open the door to criminal prosecution. Nevertheless, a consensus remains unlikely, as judges appointed under the current parliamentary majority and those appointed under PiS do not recognize each other’s legitimacy.
Disagreements regarding the quorum and which judges are eligible to vote suggest that the crisis will persist beyond the upcoming meeting.
While the tribunal has been impaired by political infighting for years, it remains a consequential body, having previously issued rulings such as the 2020 decision restricting abortion access. Ensuring its independent operation remains a critical, yet elusive, objective for the nation as political polarization continues to rise ahead of future general elections.
The functioning of the Constitutional Tribunal had already been impaired for years. Trust in judicial institutions has been eroded both by political conflicts around the courts and the daily inefficiencies of an overburdened judiciary.
In that sense, the current crisis will not suddenly make things worse for regular Poles.
