Dozens of police officers guarded the Constitutional Tribunal in Warsaw on Friday evening, where supporters of the conservative opposition party Law and Justice (PiS) were demonstrating. Some protesters tried to break through police barricades and threw objects at officers. Three demonstrators were arrested after climbing over the fence of the courthouse.
Suspension
The trigger was the suspension of Tribunal chairman Bogdan Święczkowski and his deputy for one month. Judge Anna Korwin-Piotrowska announced that she would temporarily take over the leadership. Święczkowski rejected her authority and spoke of a coup. Protesters chanted 'Tusk traitor,' while PiS leader Jarosław Kaczyński demanded presidential intervention.
President Nawrocki subsequently canceled an official trip to Senegal and had his plane return to Warsaw. After talks with the suspended tribunal chairman and another senior judge, he visited the courthouse. On Saturday, he called for political crisis consultations due to what he called a threat to domestic security.
Prime Minister Tusk defended the changes at the tribunal. According to him, restoring the rule of law is necessary after years of political influence over the judiciary under PiS. The prime minister acknowledged that this is a difficult and sometimes painful process but stated that there is no other way.
Background
The confrontation has a long history. During the PiS government from 2015 to 2023, judges were appointed who were closely connected to the then conservative rulers. The Constitutional Tribunal repeatedly gave precedence to Polish legislation over European law. This led to years of clashes between Warsaw and Brussels.
The European Union accused the former government of undermining the independence of the judiciary. Last December, the EU’s highest court ruled that the Constitutional Tribunal did not meet European standards for judicial independence. After his election victory in 2023, Tusk promised to reverse the controversial reforms and end the conflict with Brussels.
EU criticism
This course aligns with earlier European criticism of the Polish judiciary. But within Poland, Tusk faces resistance from President Nawrocki, who refuses to administer the oath to five judges chosen by the parliamentary majority. They subsequently took their oath in parliament, after which Święczkowski blocked their access to the tribunal.
Thus, the struggle over the composition and leadership of the Constitutional Tribunal has flared up again. Tusk presents his actions as a restoration of independent judiciary, while his nationalist opponents speak of an unlawful seizure of power. The suspension of the tribunal chairman remains controversial.
