Poland's Top Court Becomes Battleground for PM Tusk and President Nawrocki in Rule of Law Showdown

Poland is currently grappling with a constitutional crisis as a fierce dispute over the future of its highest court escalates, pitting Prime Minister Donald Tusk against President Andrzej Duda. The conflict intensified on Friday when Tusk, leading the pro-European Civic Coalition, initiated moves to reform the Constitutional Tribunal. The Tribunal's chief justice, Bogdan Święczkowski, was appointed by the previous far-right Law and Justice (PiS) party government. Święczkowski was suspended after he refused to allow a new member, nominated by Tusk and approved by the Polish parliament, to take his seat. His deputy also faced suspension.

This crisis marks the latest and potentially most severe chapter in Poland's ongoing struggle with the rule of law. Tusk's Civic Coalition won the 2023 elections on a promise to restore the Tribunal's independence. President Duda, who is aligned with PiS, was elected separately last year. While the Polish president has limited executive power, their constitutional role is significant. Since Duda's election, a deadlock has persisted, culminating in the current crisis.

President Duda condemned Święczkowski's removal as chief judge, labeling it "a forcible takeover of a constitutional body." Upon hearing the news, he cut short a trip to Africa, rerouting his aircraft back to Poland and heading directly to the Tribunal. Images showed police in riot gear blocking the entrance to the Constitutional Tribunal in Warsaw, preventing Święczkowski's entry.

Duda is a prominent supporter of US President Donald Trump, having previously stated, "I endorsed him, and now he’s president and he’s doing a fantastic job." He has even suggested naming a potential new US military base in Poland "Fort Trump." During its eight-year tenure until 2023, PiS appointed numerous judges to seats on the Tribunal that had been previously filled by the outgoing government. In 2021, the European Union issued a warning that PiS's actions posed a "systemic risk to the rule of law in Poland" by undermining the Tribunal's independence. Consequently, the European Commission froze $137 billion in EU funding for Poland due to concerns over the independence of Polish judges.

The PiS-appointed judges remained in their positions after Tusk's election, obstructing his attempts to appoint new members. President Duda has refused to swear in three of the six judges nominated by parliament, while Święczkowski refused to seat the judges chosen by parliament. Last week, Maciej Berek, the latest judge approved by parliament and a close ally of Tusk, was prevented from taking his seat amidst scuffles outside the Tribunal in Warsaw. On Saturday, riot police increased security measures around the court in central Warsaw.

Prime Minister Tusk, who has dedicated much of his premiership to reversing PiS's judicial changes, stated that his government is committed to restoring the rule of law. "This process is difficult, at times even painful, and requires decisive action. There is no other way," Tusk declared on X on Saturday. In a televised address, Tusk asserted that "shouting, lies, and brawling cannot be the source of law in Poland, and they never will be." He emphasized that the Tribunal "will function as it should. Also, independently of me and in line with the constitution."

Analysts suggest the crisis deepened when parliament approved Berek's nomination. Alberto Allemano, a law professor at HEC Paris Business School, commented on X that this move "contradicts the government’s pledge to depoliticise the Tribunal." He added, "The Friday suspension of the Tribunal’s president and vice-president, ordered by one judge and accompanied by a police presence outside the building, is not in itself a “coup”: the stated aim is to restore a lawfully functioning court. But restoring the rule of law must itself be done lawfully." Allemano also noted, "If the Polish government is trying to repair an institution captured under PiS, its opposition is striving to retain some control through illegal means."

US Ambassador to Poland Tom Rose issued a warning on Friday night, stating that "thousands gathering outside the tribunal make an already dangerous situation more combustible. The last thing Poland needs is a confrontation that spirals into something far worse." He urged, "I hope everyone involved—government officials, law enforcement, and demonstrators alike, to take a deep breath, and don’t take any action that could provoke violence or further escalation."

The path to resolving the standoff between Tusk and Duda remains uncertain, with neither side appearing willing to compromise. This comes at a critical time for Poland, which faces escalating security threats due to the war in neighboring Ukraine and alleged sabotage attacks within Poland, which Tusk has attributed to Russia. Tusk remarked on Saturday that his opponents "find support among pro-Russian forces around the world." Fresh elections are scheduled for next year, with Poland's constitutional order and its geopolitical direction—whether towards deeper European integration or away from it—expected to be central issues.