Poland is embroiled in a serious political and institutional crisis, with the Constitutional Court at the center of the conflict. Two groups of judges are claiming to lead the same institution, the government and the president support opposing sides, and police have been deployed near the court building. The situation has reached the point where President Karol Nawrocki has cut short a trip to Senegal and urgently returned to Warsaw.
Everything exploded on Friday, October 30, when judges elected by the current parliamentary majority decided to suspend the president of the Constitutional Court, Bogdan Święczkowski, and his deputy, Bartłomiej Sochański, for one month. The institution was headed by judge Anna Korwin-Piotrowska, who claims that, according to the law, it is up to her to lead the court.
But the suspended leaders refuse to step down and do not recognize the decision. They accuse other judges of illegally taking control of the institution. The conservative opposition, led by Jarosław Kaczyński, has called what is happening an attempted coup.
The clash was accompanied by the deployment of police forces near the Constitutional Court, protests and incidents. The police stated that their intervention was aimed at maintaining public order and that they did not take control of the building. Three people were detained during the incidents.
The crisis forced President Karol Nawrocki to cut short an official trip to Senegal. He announced that he was returning to Poland immediately, as the situation required his presence in the country.
But why has this fight over the Constitutional Court erupted?
The conflict began years ago, when the conservative Law and Justice (PiS) party, which governed Poland from 2015 to 2023, undertook reforms to the judicial system. The European Union criticized these reforms, raising serious concerns about the independence of the judiciary and political influence over the appointment of judges.
After coming to power, Prime Minister Donald Tusk began efforts to change the system inherited from the previous government and, according to him, to restore the independence of justice institutions.
But President Nawrocki, backed by conservatives, objects to the way the government is interfering in the system. He has refused to accept the oath of three new constitutional judges elected by Parliament, while the current heads of the court do not recognize their authority.
This has created an unusual situation: the new judges claim that they have the right to make decisions and lead the Constitutional Court, while the existing leaders consider their actions illegal.
The clash has also been deepened by the actions of the Ministry of Justice, which has submitted five requests to lift the immunity of two court leaders.
Poland now finds itself facing a conflict where the government claims to be freeing justice from past political control, while the opposition and the president accuse the majority of taking control of the Constitutional Court.
In a European Union member state, the institution that is supposed to resolve constitutional conflicts has itself become the object of conflict. And currently, the parties do not even agree on the most basic question: who has the legal authority to head the Constitutional Court?
