Polish Constitutional Crisis: President Storms Court

Three people were arrested during a tense standoff outside Poland’s constitutional court on Friday night. The clashes erupted after a group of government-appointed judges suspended the court’s contested president, Bogdan Święczkowski, and his deputy, Bartłomiej Sochański. The move triggered a furious reaction from the rightwing opposition Law and Justice party. Its leader, Jarosław Kaczyński, described the action as an assault on the court.

Presidential intervention followed swiftly. Karol Nawrocki, a close ally of Donald Trump, turned his plane around while en route to a state visit in Senegal. He returned to Warsaw to intervene at the court that same night. Hundreds of protesters, including opposition members of parliament, gathered outside the building to support the suspended judges. A heavy police presence blocked entry, but three individuals were detained for attempting to force their way inside.

Shortly before 1am on Saturday, Nawrocki appeared outside the facility. He made his way through the police cordon, with video footage showing him tussling with security personnel and other judges to gain entry. As of 4am local time, the president remained inside the building. In a clip posted online, he stated that the government appointees were not judges of the constitutional court.

At 5am, a statement was read on behalf of the president outside the court. Nawrocki criticized a violation of Poland’s constitutional order, claiming a constitutional body was seized by force. He called for security forces to leave the premises. The latest clash sets the stage for a dramatic showdown in next year’s parliamentary election. Polls indicate the populist-right has a chance to return to power.

The dispute dates back to 2015, when successive governments moved to stack the bench with their appointees. The court has often ruled in favor of Polish legislation over European Union law. The EU accused the highest court of being too close to nationalist political power. Since returning to power in 2023, Prime Minister Donald Tusk has pledged to reverse controversial reforms to mend relations with Brussels. He has refused to recognize the court’s legitimacy in its current form.

This year, Nawrocki refused to swear in five judges elected by the current parliament. The Venice Commission, the Council of Europe’s advisory body on the rule of law, said the refusal should not prevent judges from taking up their posts. On Friday, a group of judges elected by the current majority moved to seize procedural control. Anna Korwin-Piotrowska, one of the five judges not accepted by the president, claimed the top position based on her experience in the judiciary.

Legal experts are divided on the legality of the suspension. Marcin Matczak, a prominent law expert and critic of the Law and Justice party, believed the legal basis for the suspension was non-existent. Justice Minister Waldemar Żurek said he asked for the suspended officials to be stripped of legal immunity to face prosecution for obstructing the court. Tusk insisted that restoring the rule of law is a duty. He argued that the process is difficult and painful but requires decisive action. Foreign Minister Radosław Sikorski told reporters in Atlanta that the court was politicized under the previous government. He said the aim is to allow duly elected judges to make the tribunal function again. US ambassador Tom Rose described the events as very serious, noting that thousands gathering outside make a dangerous situation more combustible.