The core of the conflict revolves around the Polish Constitutional Tribunal appointed by the president. According to the European Court of Justice, this tribunal has violated fundamental principles of EU law and cannot be considered independent or impartial. That ruling exposes longstanding fault lines in Polish politics.
The current government led by Prime Minister Donald Tusk says it pursues a pro-European course. His cabinet does not recognize rulings of the Constitutional Tribunal that conflict with EU law and views the recent European ruling as an obligation to intervene.
The presidency stands in direct opposition. President Karol Nawrocki has not supported reforms of the judicial system. As a result, the government’s attempts to reverse previous changes have remained blocked.
The tension stems from reforms by the previous PiS government, which exerted political influence over top courts. The Constitutional Tribunal played a central role in this and previously declared that the Polish constitution takes precedence over EU law.
That position directly clashes with the government’s stance. The government asserts that EU values are legally binding and that Poland cannot evade them. According to the government, the Polish tribunal thereby undermines the rule of law and Poland’s position within the European Union.
The Constitutional Tribunal itself resists. It states that the European ruling has no impact on its functioning and that the European court has no jurisdiction over the Polish tribunal. This maintains the institutional deadlock.
As long as the president and government stand in outright opposition, it remains unclear how and when reforms will be possible. What is certain is that the ruling from Luxembourg has intensified the conflict and further exposed the political divide in Poland.