Poland’s confrontation over its Constitutional Tribunal has become more volatile as parliamentary elections approach in November 2027, according to Ewa Marciniak, a political scientist at the University of Warsaw.
Prime Minister Donald Tusk’s centrist government has sought to remove judges appointed under the previous Law and Justice party government, saying they were politically biased and had prevented parliament from appointing new magistrates. President Karol Nawrocki, a right-wing independent, has blocked Tusk’s court nominations, deepening the dispute.
The immediate clash centred on Bogdan Swieczkowski, the tribunal’s chief judge, who was appointed by Law and Justice, known as PiS, during its 2015-2023 government. He was accused of using his powers to stop parliament electing new judges.
On Friday, Justice Minister and attorney general Waldemar Zurek sought the lifting of the legal immunity held by Swieczkowski and his deputy, Bartlomiej Sochanski. Zurek said: “This court has become private property; we must restore its proper functioning.”
Judge Anna Korwin-Piotrowska then announced Swieczkowski’s suspension. Police surrounded the tribunal, while its official X account called the move a “coup d'etat”. The court said Swieczkowski remained in office, and police arrested three people during the standoff.
Nawrocki described the action as a “violation of the constitutional order.”
On Saturday, PiS supporters gathered outside the court in protests that had been running for weeks. Demonstrators chanted “Tusk traitor” and tried to push through security barricades.
Among them was Iwona Dudek, 62, who said: “This is Donald Tusk destroying democracy. It's a tragedy.” She added: “Donald Tusk has done the impossible. He has united the entire right wing.”
Nawrocki cut short an official trip to Senegal and returned to Warsaw. He called crisis talks at the presidential palace on Saturday, citing what he described as “the threat to Poland's internal security”.
Representatives of nationalist, far-right and some governing coalition parties attended. Tusk’s Civic Coalition party and the Left coalition member stayed away.
The dispute reflects a longer argument over the tribunal’s role. Tusk has complained that its PiS-aligned judges regularly favoured Polish legislation over EU law. His government has described Swieczkowski’s removal as a “painful” decision required to restore the rule of law.
In a Saturday evening speech, Tusk accused conservative nationalist opposition leaders of wanting to “destroy democracy and rule of law”. He said: “Let's call things by their name. For years in Poland there exist organisations and politicians who wish to destroy democracy and rule of law.”
The European Commission urged Nawrocki on Saturday to accept nominations for new judges.
Tom Rose, the US ambassador to Poland, called on all sides to avoid escalation. “The last thing Poland needs is a confrontation that spirals into something far worse,” he said. “Don't take any action that could provoke violence or further escalation.”
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