Poland's Constitutional Tribunal in Crisis: PM Tusk Clashes with President Nawrocki Amidst Protests

Warsaw, Poland – Prime Minister Donald Tusk declared on Saturday that his government is committed to reinstating the independence of Poland’s Constitutional Tribunal, as hundreds of demonstrators gathered for a second consecutive night to protest the suspension of the court’s president. The pro-European administration asserts that the suspension is crucial for restoring judicial autonomy, while opposition figures have decried the move as a “coup d’etat.”

President Karol Nawrocki, who opposes the current pro-European government, altered his flight path on Friday evening, returning to Poland instead of proceeding to Senegal. Upon his return, he made his way to the Constitutional Tribunal amidst the ongoing unrest, stating that he had facilitated the entry of the suspended court president into the building. Police reported detaining three protesters on Friday night following incidents where objects were thrown at officers and attempts were made to breach the security perimeter around the court.

The protracted dispute surrounding the Constitutional Tribunal is poised to exacerbate political divisions in Poland, occurring just a year before a parliamentary election. This situation intensifies the ongoing standoff between the pro-European government and the national-conservative opposition party, Law and Justice (PiS).

Critics both within Poland and the European Union have accused PiS, which governed the country from 2015 to 2023, of exerting political influence over key judicial bodies. Reforms enacted during the PiS administration led to the EU imposing fines on Poland.

Prime Minister Tusk’s pro-European government assumed power in 2023 with a pledge to restore judicial independence. However, its efforts have been repeatedly thwarted by vetoes from two successive presidents aligned with PiS, including President Nawrocki.

“Restoring the rule of law is our obligation,” Tusk stated on X on Friday evening. “After years of lawlessness under PiS this is a difficult process, sometimes painful and it requires decisive action. There is no other way.” Tusk had previously committed to ensuring the tribunal would once again be composed of lawfully appointed judges, acknowledging that his methods might face opposition.

The functionality of the Constitutional Tribunal has been compromised for years. The Court of Justice of the European Union, the EU’s highest court, had previously ruled that it was no longer an impartial body following appointments made by PiS. Even after Tusk's government took office, attempts to rebalance the court were hindered by President Nawrocki and the tribunal’s then-president, Bogdan Święczkowski.

On Friday evening, the Constitutional Tribunal’s website announced the suspension of Święczkowski. Shortly thereafter, protesters, including PiS leader Jarosław Kaczyński and far-right politicians, began gathering outside the building. Polish President Karol Nawrocki returned to Warsaw after diverting his plane en route to Senegal for a state visit.

The government contends that Święczkowski repeatedly violated the law and undermined the tribunal’s operations. Święczkowski had assumed the presidency of the court under the previous PiS government. Tusk has accused him of preventing judges elected by the parliamentary majority from taking their positions at the tribunal.

“Since last night, we’re dealing with a massive constitutional crisis in Poland, the result of an illegal, forceful attempt to take over an important institution,” Marcin Przydacz, a senior aide to the Polish president, told The Associated Press. Przydacz indicated that the president had invited all parliamentary parties for discussions on Saturday to de-escalate tensions and find a resolution.

The current government is a broad coalition comprising Tusk’s centrist Civic Coalition, the Left, and two more conservative groups, Poland 2050 and the Polish People’s Party (PSL). Representatives from Poland 2050 and PSL, along with several opposition parties, met with President Nawrocki on Saturday, though Tusk did not attend.

The president’s camp anticipates that the crisis surrounding the Constitutional Tribunal could diminish Tusk’s parliamentary majority. “Everything depends on those political parties who supported Donald Tusk so far,” Przydacz remarked.

Addressing the situation on Saturday night, Tusk drew a parallel between PiS and an individual who steals from an elderly person and then claims victimhood when apprehended. Tusk asserted that PiS’s reaction to Święczkowski’s suspension, including attempts to forcibly enter the tribunal on Friday, represents “another stage in the process of destroying the rule of law in Poland” by PiS and the president.