One of Poland's most important courts has been paralyzed for years: the Constitutional Court. A power struggle rages over the appointment of his judges – between two camps.
One: the liberal-conservative Tusk government. The other: the right-wing conservative forces headed by the PiS party, which previously ruled Poland. From this time there are still judges on the Constitutional Court who are not considered neutral.
The new government has had parliament elect new judges. But the PiS camp does not recognize them. And so a body that is supposed to check new laws for constitutional conformity cannot judge.
Court paralyzed
More than 1,000 cases are now said to be waiting for trial there: "The oldest case was received in 2013," said Anna Korwin-Piotrowska, who has been acting as court president on an interim basis for a few days. The previous court president was suspended. The Polish parliament elected Korwin-Piotrowska as a judge.
But the right-wing nationalist head of state Karol Nawrocki refuses to swear her in. For the right-wing forces, she is therefore not considered a judge. Just like five others who are now unable to take up their work at the Constitutional Court.
On Friday evening, when it was announced that Korwin-Piotrowska would now head the Constitutional Court, a protest from right-wing conservative forces broke out.
Right-wingers talk about a coup
“This is a coup, in the sense of an attack on a constitutional body,” said Zbigniew Bogucki on the Polish YouTube channel Kanał Zero. He heads Karol Nawrocki's law firm. The head of state believes that the new judge's takeover of the court violates the constitution.
His opponent in this power struggle, Prime Minister Donald Tusk, defended the approach. "I am convinced that the Constitutional Court will begin its work as it should be."
Escalation before parliamentary elections next year
But Tusk made no suggestions as to how exactly this should happen. Neither he nor the right-wing conservatives approach each other. Observers say: Both camps benefited from the escalation and would use it to warm up for the parliamentary elections next fall.
Lawyer Krzysztof Izdebski from the Batory Foundation, a non-governmental organization that advocates for democracy and the rule of law, says: "We see that both sides are pursuing their own interests and ambitions. But when it comes to the rule of law - that falls by the wayside."
Tusk's liberal-conservative government is trying to make the Constitutional Court operational again. To reverse the controversial judicial reforms of the previous government of the right-wing conservative PiS.
Agreement should be sought
But the task is difficult and the means – controversial. The respected Helsinki Foundation for Human Rights, one of the oldest Polish NGOs, criticized: The Constitutional Court is in a deep crisis, but there is no legal basis for the removal of its previous leadership.
Professor of constitutional law Ryszard Balicki estimates that only politicians, from both camps, benefited from the escalation surrounding the Constitutional Court. "We as a society, we as citizens, are the ones who lose. An independent constitutional court is needed. This body is intended to protect citizens from abuse of power by the state power - by any state power."
Now all constitutional judges should decide together on the future of the court. Newly elected and those from the PiS era. It is unclear whether there is an agreement. And the National Security Council meets at the President's home. The Constitutional Court should also be an issue here.
