Poland is facing an intensifying crisis at its Constitutional Court, with no compromise visible between the ruling liberal-conservative government led by Donald Tusk and the opposition right-wing forces headed by the PiS party. The situation escalated this weekend with disturbances outside the court building, prompting President Karol Nawrocki to abruptly end a foreign trip. This follows the suspension of the court's president and his deputy, leaving the institution unable to function effectively.
The Constitutional Court has been paralyzed for years due to a dispute over judicial appointments. While the new government elected new judges through parliament, the PiS faction refuses to recognize them, arguing that judges appointed during their previous tenure remain in place. Consequently, the court cannot rule on the constitutionality of new laws. Anna Korwin-Piotrowska, who was recently elected by parliament and is serving as interim president, stated that more than 1,000 cases are currently awaiting trial, with the oldest dating back to 2013.
President Nawrocki has refused to swear in Korwin-Piotrowska or five other newly elected judges, rendering them unable to take up their duties. Zbigniew Bogucki, who leads Nawrocki's law firm, described the situation on his YouTube channel as a coup against a constitutional body. In response, Prime Minister Tusk defended the government's actions, expressing confidence that the court will resume its work as intended, though he offered no specific plan for how this would occur.
Observers suggest that both political camps are benefiting from the escalation as they prepare for parliamentary elections scheduled for next autumn. Krzysztof Izdebski of the Batory Foundation noted that while both sides pursue their own ambitions, the rule of law is suffering. The Helsinki Foundation for Human Rights criticized the suspension of the court's previous leadership, stating there is no legal basis for such a move. Constitutional law professor Ryszard Balicki warned that only politicians gain from this conflict, while citizens lose the protection of an independent judiciary against state abuse.
All constitutional judges, including those elected by the new government and those from the PiS era, are now expected to jointly decide the court's future, though a consensus remains uncertain. Meanwhile, President Nawrocki is convening the National Security Council, where the Constitutional Court crisis is set to be a central topic of discussion.
Sources: Tagesschau.