A dispute over Poland’s Constitutional Tribunal has escalated, drawing a response from the European Commission. Prime Minister Donald Tusk has ruled out a compromise with his political opponents, while President Karol Nawrocki has held talks with parliamentary parties whose representatives proposed overhauling the court and even forming a new government.
According to Polskie Radio, European Commissioner for Justice Michael McGrath said the European Commission was closely monitoring developments surrounding the Constitutional Tribunal.
He referred to an opinion issued by the Venice Commission, which stated that appointing judges falls within the powers of the Sejm, Poland’s lower house of parliament, and that the president cannot block them from taking their oaths.
President Karol Nawrocki has so far refused to administer the oath to five judges elected by parliament, while Constitutional Tribunal President Bogdan Święczkowski has prevented them from hearing cases.
The dispute intensified following an announcement that Święczkowski had been suspended from his official duties. Judge Anna Korwin-Piotrowska was set to take over the court’s leadership.
On October 30, demonstrations took place outside the court building, attended by politicians from the opposition Law and Justice (PiS) party. Święczkowski attempted to enter the building through a police cordon.
President Nawrocki cut short a trip to Senegal and returned to Warsaw because of the crisis. He accused the government of attempting to seize control of the court by force and personally arrived at the Constitutional Tribunal during the night, where scuffles broke out at the entrance.
On October 31, Prime Minister Donald Tusk accused the president, PiS and former President Andrzej Duda of undermining the rule of law in a televised address.
“On certain issues, there can be no compromise. Shouting, lies and brawling cannot be the source of law in Poland,” Tusk said.
Meanwhile, representatives of parliamentary parties presented Nawrocki with several proposals for resolving the crisis, ranging from resetting the Constitutional Tribunal to replacing its entire bench.
Former Prime Minister Mateusz Morawiecki also proposed a constructive vote of no confidence in the current government. Under the plan, a caretaker government led by Marek Jurek would take office and organise elections in 2027.
An extraordinary general assembly of Poland’s Supreme Court judges has been convened for Tuesday to discuss threats to the constitutional order and judicial independence.
