Poland's Court Crisis Deepens as Tusk and Nawrocki Clash Over Judges

Poland's immediate crisis concerns who is entitled to sit on the Constitutional Tribunal, but the dispute has been building for years. Il Post described a prolonged struggle between government and opposition over the court's membership and influence over its work.

Since returning to power in 2023, Prime Minister Donald Tusk has promised to resolve the crisis around a tribunal controlled by the nationalist opposition, according to Le Monde. His efforts have stalled over the recognition of new judges.

The latest confrontation followed President Karol Nawrocki's refusal to accept new judicial appointments. TGcom24 reported that Tusk then suspended the Constitutional Tribunal's president. The two sides present these steps in sharply different terms: the government calls its intervention a repair of the court, while opponents describe an institutional coup, according to the Financial Times.

On October 30, the dispute moved into a physical confrontation at the tribunal. Le Monde reported police intervention inside the institution, while the Sydney Morning Herald said riot police had guarded the court since Friday afternoon. Several hundred protesters gathered to demand the reinstatement of its president.

Nawrocki entered the court on Friday evening and pushed a female judge down, according to DER SPIEGEL. He accused Tusk's government of a forced takeover of the court, Times now reported on October 31.

On October 31, Nawrocki held consultations with political parties after the suspension of Constitutional Tribunal chief judge Bogdan Swieczkowski. The talks produced no breakthrough by Saturday afternoon, according to Al Jazeera.

Tusk addressed the nation that day, accusing PiS and Nawrocki of undermining the rule of law and pledging support for newly elected judges, Euronews reported. In a further sign of the struggle over authority inside the court, Anna Korwin-Piotrowska, presenting herself as acting tribunal president, barred its president and vice president from entering, according to RT en Español.

By November 1, the European Commission had publicly backed parliament's right to appoint Constitutional Tribunal judges, Euronews reported. Four former court presidents also supported Tusk's government and criticised Nawrocki's conduct, according to DIE ZEIT.

On November 2, Tusk called on Nawrocki to recognise the judges elected by parliament and accused him of choosing a forceful confrontation, Euronews reported. DIE ZEIT reported his argument that the crisis could be resolved if the president swore in the new judges.

There was no sign of compromise in the November 3 account from ARD Tagesschau. It reported that both the tribunal's president and his deputy had been suspended, and that Nawrocki had cut short a foreign trip amid the weekend turmoil.

The central disagreement remains unresolved: Tusk wants recognition of the new judges, while Nawrocki alleges a government takeover. European Commission support for parliament's appointment powers has added pressure, but has not produced a settlement in the coverage provided.

The immediate test is whether Nawrocki agrees to swear in or recognise the disputed judges. Tusk has presented that step as the route out of the crisis, according to DIE ZEIT, but the latest reporting offers no indication of an agreement.

The court's ability to conduct business is another concrete issue. DIE WELT reported on November 2 that constitutional judges intended to meet despite the membership dispute. Whether that proceeds, and whose authority is accepted inside the tribunal, remains unsettled.