Poland’s highest constitutional body is being guarded by police while the prime minister and the president trade accusations in public. On Monday Donald Tusk offered what he called a simple way out. President Karol Nawrocki, he wrote online, only has to recognise the judges that parliament elected and let them start work. No constitutional amendment would be needed. Tusk also accused the head of state of choosing a “forceful confrontation” that could prove costly for the country.
Friday brought the twist that set off the latest clash. Anna Korwin-Piotrowska, the judge with the most years on the court, declared herself in charge and removed both the chief justice, Bogdan Święczkowski, and his second-in-command, Bartłomiej Sochański, from their posts. The pair had kept judges chosen by the current Sejm majority away from the bench for months. Nawrocki, airborne on his way to Senegal, ordered his plane back to Warsaw, went to the building in the early hours and branded the move an unlawful seizure. Over two nights, a few hundred people rallied at the building demanding that Święczkowski be restored.
The fight is a legacy of 2015, when the Law and Justice party (PiS) put its own nominees into seats that had already been filled, a step that European courts later condemned. The coalition Tusk leads promised in 2023 to repair the damage, but Nawrocki, elected two years later with PiS support, has refused to take the oath from several of the new judges.
Brussels has signalled support for the government’s view on appointments. EU justice commissioner Michael McGrath said choosing the new members is a power of the Sejm, though he did not explicitly back Friday’s suspensions.
Tuesday brings the next showdown: Korwin-Piotrowska wants every judge at a plenary session. It can only take decisions if at least ten of the fifteen members attend. With a parliamentary election due in a year, the outcome could shape Polish politics far beyond the courtroom.
