Judicial dispute: Constitutional crisis in Poland: Tusk sees a way out of the power struggle

Warsaw. Poland's Prime Minister Donald Tusk sees an end to the constitutional crisis in his country approaching. “In my view, the legal problem has been solved,” Tusk told Handelsblatt and other international media in Warsaw on Thursday. “I believe we are nearing the end of the very emotional phase of this conflict.”

Tusk's pro-European government and right-wing nationalist President Karol Nawrocki have been engaged in a bitter power struggle for months. The dispute has recently escalated into an open confrontation between the country's highest constitutional bodies. There were days of protests in front of the Constitutional Court in Warsaw.

Nawrocki refuses to swear in several constitutional judges elected by parliament. He is also blocking the appointment of numerous ambassadors selected by the government. According to Foreign Minister Radoslaw Sikorski, 46 appointments are waiting for his signature.

Now Tusk wants to get the president to give in and is planning a one-on-one conversation with Nawrocki. “When I speak to the President, I will try to convince him that it is in our common interest to dampen or at least keep completely under control the emotions surrounding the situation at the Constitutional Court,” the Prime Minister said.

However, it is unclear whether this will actually resolve the conflict. The president accuses Tusk of wanting to illegally bring the Constitutional Court under his government's control. Poland's prime minister, in turn, accuses Nawrocki of sabotaging the restoration of the rule of law.

EU could mediate in constitutional crisis

Now the European Union could play a role in resolving the conflict. Poland's Justice Minister Waldemar Zurek said on Thursday that his government was open to mediation by Brussels. So far, however, the EU has not offered any talks and has not asked Warsaw to do so.

Zurek explained in an interview with journalists on Thursday that the president would also have to agree for mediation by Brussels. “We are open to mediation, but it always takes two to tango,” said Zurek.

The background is a conflict over the independence of the Polish judiciary that has been simmering for more than ten years. During its government from 2015 to 2023, the right-wing nationalist PiS party filled numerous judge positions with political allies, triggering a long-standing dispute with the EU. The European Court of Justice found in December 2025 that the Polish Constitutional Court did not meet European requirements for an independent and impartial court.

Since taking office at the end of 2023, Tusk has been trying to reverse the controversial judicial reforms. He initially encountered resistance from then-President Andrzej Duda and, since 2025, from his successor Nawrocki, who is supported by the PiS.

Protests in front of the Constitutional Court

The dispute escalated when Nawrocki refused to swear in several constitutional judges newly elected by parliament. They then took their oath in Parliament without the presence of the President. However, the PiS-appointed court president Bogdan Swieczkowski did not recognize their appointment and denied them access to the court.

Last week, the longest-serving judge, Anna Korwin-Piotrowska, finally suspended Swieczkowski and his deputy and took over the management of the court herself. The decision sparked violent protests from the right-wing nationalist opposition and its supporters. Nawrocki canceled a trip abroad and returned to Warsaw.

The conflict also has economic policy consequences. The EU had withheld billions in aid due to the previous PiS government's undermining of the rule of law, and the EU Court of Justice had imposed heavy fines. After Tusk took office, the EU released the funds again. A prolonged institutional crisis could weigh on the country's credit rating, according to economists at the Polish bank PKO BP.