Vienna. President Karol Nawrocki sees the dispute over the Polish Constitutional Court as a threat to the country's internal security. There was a violent takeover of a constitutional state organ during the night, he wrote in a statement on Saturday. He called for consultations between all political forces to restore order.
On Friday evening, Nawrocki canceled a trip to Senegal at short notice and returned to Warsaw. It was previously announced on the Constitutional Court's website that the previous chairman, Bogdan Swieczkowski, and his deputy had been relieved of their functions.
Numerous demonstrators gathered in front of the court, reinforced by leading representatives of the opposition. They accuse Prime Minister Donald Tusk's government of attacking the constitution. Nawrocki also made this statement. That night he went to the building, which was cordoned off by the police, and gained entry, which resulted in a scuffle with Korwin-Piotrowska. The president then held a meeting with Swieczkowski and the chairman of the Supreme Court.
The dramatic events have escalated the power struggle over the Constitutional Court that has been going on for years. Its origins date back more than ten years: After its clear election victory in 2015, the then government of the Law and Justice party (PiS) immediately embarked on a restructuring of the judiciary, the primary aim of which was to replace independent judges with loyalists - not only, but especially at the Constitutional Court. In order to speed up the process, she also had three judges nominated by her appointed to fill vacancies that had already been filled.
Since then, this approach has been legally assessed many times: by the Constitutional Court itself, which was still functioning at the time, the European Court of Human Rights (ECHR) and, almost a year ago, by the European Court of Justice. The judges always concluded that the move was illegal. The European courts therefore no longer recognize the body as an independent tribunal.
Tusk took office in 2023 with the promise of solving the problem. However, it has so far failed due to resistance from the PiS-affiliated state presidents, who blocked reform efforts with their right of veto. The government therefore does not recognize the legitimacy of the Constitutional Court and does not allow its judgments to be published in the official gazette. It has effectively become meaningless and is hardly ever called anymore.
Parliament also left vacancies open for a long time. In the past few months, the government majority has filled a total of eight judge positions that had become vacant due to term limits. This means that she now theoretically has a majority in the 15-member committee.
Nawrocki, who has presented himself as a major opponent of the government since his election last year, only sworn in three of these new judges. As for the others, he raises doubts about the legality of the appeal. Swieczkowski therefore also takes the position that they are not constitutional judges and does not assign any cases to them.
However, it is highly controversial whether the President has the right to audit. A majority of constitutional lawyers are of the opinion that the election of judges falls to the parliament (Sejm) and that the swearing in is a formal act that is not necessary for its effectiveness. The five newly appointed judges – including Anna Korwin-Piotrowska – therefore took their oath “to the President” in the Sejm before a notary and submitted it to Nawrocki.
In mid-October, the Venice Commission, a constitutional expert panel of the Council of Europe, came to the conclusion in a report that the swearing-in by the president was only ceremonial in nature. It is not up to him to judge the suitability of the judges or the legality of their election. In May, the ECHR had already decided in an interim order that they should be allowed to take office.
Nawrocki and Swieczkowski's refusal to allow the new judges to carry out their duties is therefore unlawful. They want to prevent the PiS from losing control over the tribunal and hope for a change of power in the parliamentary elections in a year. Korwin-Piotrowska told TVP that Swieczkowski had made the court incapable of acting.
Tusk could no longer accept this situation without losing face. It has therefore been apparent for some time that there will be an escalation. Since the eighth judge was elected by the new government majority in September, right-wing activists have been camping on the street in front of the Constitutional Court in downtown Warsaw to protect it from a “violent takeover.” Last week there were around a hundred people, mostly older people, in the tent city. She was regularly visited by opposition politicians.
Even if there can be no question of a “violent takeover” or even a coup, the scenes from last night are worrying and their consequences are unclear. They are once again placing the Constitutional Court at the center of the political dispute, even though many Poles have long since tired of debates about the judiciary. Experts agree that a solution requires a broad, cross-party dialogue. There is often talk of a kind of “round table” for the dysfunctional justice system. Recent events confirm this, but at the same time show how unrealistic consensus currently is.
