In Poland the clash is between the sovereignist president Karol Nawrocki and the pro-European prime minister Donald Tusk. In the background are the 2027 elections: the right, despite being fragmented, aspires to return to government and wrest the leadership of the executive from the former president of the European Council and his moderate platform. From the beginning, Tusk's government was hindered by the head of state.
At the center of the conflict, as mentioned, is the Constitutional Court and its composition. Tusk has long wanted to appoint a new group of judges and for weeks his executive has been trying to obtain the resignation of the members of the court, who were appointed by the previous PiS-led government. A ruling by the EU Court of Justice had also established that the Warsaw court "is neither independent nor impartial" due to the appointments of the officials of the previous government led by the right of Mateusz Morawiecki. However, in recent months the judges appointed by the Tusk government have never been put in a position to work.
Tensions reignited on Friday 30 October: Bogdan Swieczkowski, president of the Constitutional Court appointed by the previous executive and former deputy minister of the PiS, was suspended and the police forces - who began to guard the building - denied him access to the Court building. Shortly afterwards, incited by the leaders of the Polish right and in particular by the 77-year-old Jaroslaw Kaczyński, founder of PiS, hundreds of demonstrators surrounded the Constitutional Court.
These developments led President Karol Nawrocki, who was on board a flight to Senegal, to return to Warsaw. Nawrocki, together with his bodyguards, tried to make his way through the crowd - who in the meantime had gathered around the building - and among the agents to force entry into the Constitutional Court building. Nawrocki, leading the demonstrators, accused Tusk of "violation of the constitutional order".
On Saturday 31 October the clash did not subside. Judge Anna Korwin-Piotrowska, who had notified Swieczkowski's suspension, explaining that the measure was necessary to restore the rule of law, issued the first directives to allow officials, including newly appointed ones, to carry out their duties outside the court. Meanwhile, President Nawrocki held urgent consultations with groups in the Polish Parliament. Tusk also spoke in the evening. "The attack on the Court is another phase in the process of destruction of the rule of law by PiS. A democratic state must be capable of enforcing justice," the prime minister told the nation. He then pointed the finger at Nawrocki: "A politician cannot enter the court to issue orders or intimidate judges, even if he is president." And again: "We have witnessed scandalous events. I would really like these scenes not to be seen in Poland, but the way to calm cannot be to give in to lawlessness or violence." And he assured that he will not compromise on this issue.
Then, on the evening of October 31st, it emerged that the talks between President Nawrocki and the party leaders - convened by the head of state to try to resolve the constitutional crisis - would not lead to any breakthrough. According to Polish media, the meeting at the presidential palace was attended by the right-wing opposition and some parties from the government coalition. Absent was Tusk's Civic Coalition, which would not have shown up. The Left, still part of the coalition, said it had not been invited and would not participate in any case. Days of chaos are expected in the country.
The EU also intervened on the issue, first making it known that it was observing the situation with concern and then urging Nawrocki to validate the appointment of the new judges. "It is up to the Polish authorities to ensure that the Constitutional Tribunal can function in accordance with the Polish Constitution and in compliance with the relevant jurisprudence of the Court of Justice of the EU," a spokesperson for the European Commission told AFP.
