Polish Prime Minister Donald Tusk has reaffirmed his commitment to overhauling the country’s Constitutional Tribunal, a move that has intensified a longstanding dispute over judicial independence and rule of law in Poland. The confrontation, which escalated late last week, centers on the suspension of the tribunal’s president, Bogdan Święczkowski, and his deputy, actions that opposition politicians have condemned as a forced takeover.
In a televised address on Saturday, Tusk defended the suspension, stating that some matters allow no compromise and promising that under new leadership the court would function properly. The changes aim to reverse judicial reforms enacted under the previous Law and Justice (PiS) government, which critics argue compromised the court’s independence. Tusk’s attempts to restore judicial impartiality have been hindered by PiS allies in key constitutional roles, including President Karol Nawrocki, who has refused to swear in several judges appointed by the current parliamentary majority, citing procedural flaws and conflicts of interest.
The move to suspend Święczkowski—himself a former deputy justice minister under the previous right-wing government—was announced by one of the tribunal’s longest-serving judges, Anna Korwin-Piotrowska, escalating tensions ahead of parliamentary elections planned for the autumn. Following the suspension, Nawrocki, who was en route to a state visit in Senegal, turned his plane around to return to Warsaw and joined protests outside the tribunal. He denounced the suspension as a breach of public order and accused Tusk of orchestrating an unconstitutional takeover.
Riot police have been deployed around the tribunal’s headquarters amid demonstrations by supporters of the opposition. Additional security measures were put in place following clashes that resulted in several detentions. Nawrocki convened emergency cross-party consultations, but Tusk’s Civic Coalition, part of the governing majority, did not participate. Some rightwing figures subsequently called for a parliamentary vote of no confidence in Tusk’s government, though his coalition holds a majority.
The European Commission has urged Polish authorities to enable the newly appointed judges to take office, emphasizing the necessity of a constitutional tribunal operating independently and in compliance with Polish law. EU Justice Commissioner Michael McGrath underscored the importance of respecting the rule of law, which “Polish citizens expect and deserve,” while also connecting the current standoff to wider concerns about the country’s standing within the European Union.
Experts and human rights organizations have expressed mixed views on the legality of the recent interventions in the court. The Poland Helsinki Foundation for Human Rights described the suspension’s legal basis as questionable and cautioned that it might further destabilize the judiciary. Meanwhile, political analysts warn that the ongoing conflict risks deepening political polarization and legislative chaos, potentially widening the gap between Poland’s judicial standards and those upheld across the EU.
Within the governing coalition, some voices have called for calm and dialogue. Szymon Hołownia, leader of the Poland 2050 party, criticized the escalating tensions, warning that the confrontations “bring shame to Poland” and risk playing into Russian interests. Conversely, Tusk accused his opponents of benefiting from pro-Russian forces, linking the judicial dispute to broader geopolitical divides.
The dispute traces back to 2015 when PiS initiated judicial appointments that many saw as undermining the court’s neutrality. Tusk’s administration, which returned to power in late 2023, has prioritized restoring judicial independence, but progress has been obstructed by President Nawrocki’s refusal to formalize appointments and by ongoing political clashes. The current crisis highlights the challenge of balancing institutional reforms with political consensus, as Poland prepares for pivotal elections that could redefine the country’s judicial and political landscape.
