In a dramatic escalation of Poland’s ongoing political crisis, President Karol Nawrocki made an unexpected visit to the Constitutional Tribunal early Saturday morning, where he became embroiled in a physical confrontation with judges on site. Following this altercation, Nawrocki accused the government’s constitutional agency of being subjected to a forceful takeover and announced an urgent gathering of representatives from all parties in parliament for consultation.
This dispute centers around the ruling coalition led by Prime Minister Donald Tusk and the President Nawrocki, who is backed by the right-wing opposition party, Law and Justice (PiS). For an extended period, both factions have disagreed on the legitimacy of the Constitutional Tribunal. Recently, new judges, supported by the government, attempted to seize control over the court’s operations, while the former leadership, endorsed by the President and the opposition, rejected the legitimacy of these actions.
According to reports, Nawrocki was initially en route to Senegal for a state visit when he was apprised of the tensions surrounding the court. In response, he ordered his plane to turn back.
Prior to 1 AM on Saturday, Nawrocki entered the Constitutional Tribunal alongside the First President of the Supreme Court, Zbigniew Kapiński. Video footage captured the moment at the entrance, where Nawrocki engaged in a scuffle with the judges present.
Once inside the court, Nawrocki directly confronted several newly appointed judges, asserting, “You are not judges of the Constitutional Tribunal.”
Before 5 AM, the President departed from the courthouse. Outside, his Chief of Staff, Paweł Szefernaker, read a statement on behalf of Nawrocki, declaring, “Last night, the constitutional order of the Republic of Poland was violated; a constitutional agency of the state was forcefully taken over.”
Nawrocki indicated that he had conferred with Kapiński, who also disputes the legality of the actions taken. He mentioned that he had facilitated the entry of Bartłomiej Sochański, whom he recognizes as the constitutionally legitimate Deputy President of the Tribunal, while requesting law enforcement personnel sent to the court by the government to withdraw.
Citing threats to Poland’s internal security, Nawrocki announced an emergency session of parliamentary representatives with the objective of “stabilizing the political situation and restoring constitutional order.”
Poland’s English-language media, “Notes from Poland,” quoted a spokesperson for the Constitutional Tribunal, stating that seven judges elected by the parliament this year gained access to the court through a side door leading to the Prime Minister’s office, escorted by personnel from the National Protection Bureau (SOP), rather than through the main entrance where demonstrators had gathered.
Among the newly appointed judges, Anna Korwin-Piotrowska claimed responsibility for suspending the President’s position of Bogdan Święczkowski, asserting she was the most senior judge with judicial qualifications, thereby taking charge of court matters.
The court’s website released a statement announcing the suspension of both the President and the Deputy President for a month. However, the Tribunal’s X account countered that the website had been “illegally seized,” insisting that both leaders remained in office and denying Korwin-Piotrowska’s status as a judge of the Constitutional Tribunal.
Polish public broadcaster TVP reported that Korwin-Piotrowska has called for a conference of the Tribunal’s judges on November 3 to discuss matters concerning the court’s budget. She accused the President of obstructing the inauguration of new judges, claiming there were irregularities in case assignments, which served as justification for her decision to suspend his duties.
Nevertheless, the legal basis for the suspension has been questioned. The related directive refers to Article 130 of the Law on the Organization of Ordinary Courts, permitting suspension under conditions involving a judge being arrested for deliberate crimes or needing immediate cessation of duties to maintain the court’s dignity or significant interests.
Proponents of the suspension argue that this provision applies to the Constitutional Tribunal; however, the interpretation of the law and the authority to issue a suspension order remains contentious.
Legal expert Marcin Matczak, who has historically criticized the judicial reforms of the Law and Justice party, expressed skepticism about the legitimacy of the suspension. He noted that he never anticipated he would later find himself defending Święczkowski but asserted that the legal groundwork for the suspension “is fundamentally non-existent.”
In contrast, Prime Minister Tusk defended the government’s actions, emphasizing that “restoring the rule of law is our duty.” He criticized the Law and Justice party for illegal actions during its years in power and acknowledged that the process of re-establishing the rule of law is challenging and at times painful, necessitating decisive action.
Tom Rose, the US Ambassador to Poland, raised concerns about the vastly differing accounts of the incident provided by both parties and warned that thousands had gathered outside the court, making an already dangerous situation more likely to spiral out of control.
This dispute can be traced back to 2015 when the outgoing centrist government and the succeeding right-wing administration implemented controversial judicial appointments. After Tusk’s government came to power in 2023, it refused to recognize the legitimacy of the Tribunal’s existing composition.
Earlier this year, parliament elected eight new judges to the Tribunal, yet Nawrocki declined to officiate the oaths for five of them, citing concerns regarding the selection process or qualification of the candidates. The five judges subsequently swore their oaths independently in parliament and submitted them to the presidential office, but President Święczkowski continued to deny their status as judges, barring them from fulfilling their roles within the court.