Poland on the brink: power struggle over Constitutional Court escalates

President Nawrocki cut short a trip to Senegal and rushed to Warsaw for talks at the Constitutional Court, where the situation remains tense. The crisis was triggered by a publication on the Constitutional Court’s website announcing the dismissal of the previous court president and his deputy, and the provisional assumption of leadership by Judge Anna Korwin-Piotrowska.

The core of the conflict lies between the two major political camps in Poland: Tusk’s pro-European Civic Coalition and its partners against the right-conservative opposition party PiS and President Nawrocki, who is close to them. PiS, which governed from 2015 to 2023, had filled the court with judges politically aligned with them. The European Court of Justice had previously identified serious shortcomings in the appointment of these judges under PiS rule, which called into question the independence of the court.

After Tusk took power in 2023, the goal was to reverse the judicial reforms introduced by PiS. Nawrocki, however, had resisted the swearing-in of five judges nominated by parliament. These judges ultimately took their oaths before parliament, after which the court president nominated by PiS, Bogdan Swieczkowski, denied them access to the building.

Demonstrators in front of the Constitutional Court support PiS and accuse the government of subjugating the judiciary. Some expressed anti-German narratives, such as the calls “Tusk to Berlin!” and “This is Poland!”. This is linked to the portrayal of Tusk by the governing coalition as a puppet of the German government. Many protesters emphasized that it was about defending the fatherland and warding off a possible abolition of the Constitutional Court.

The recent events were triggered by Anna Korwin-Piotrowska’s announcement, which declared the dismissal of Swieczkowski and his deputy and assumed her own provisional leadership. Swieczkowski described this as a coup d’état. Korwin-Piotrowska is one of the judges that Nawrocki did not want to swear in. She criticized Swieczkowski for rendering the court unable to function and convened a meeting of all judges.

Prime Minister Tusk emphasized in a statement that it was the duty of his government to restore the rule of law. He described the process as difficult and painful, requiring decisive action. The ongoing conflict between Nawrocki and Tusk is dividing Polish society and politically weakening the country, especially given Poland’s importance as an ally of Ukraine.

Critics accuse Nawrocki and PiS of deliberately escalating the dispute in order to harm the government ahead of the parliamentary elections next year. PiS could possibly win voters from the far-right spectrum through a tougher stance, as Nawrocki is popular there. He also has a longer term ahead of him, which runs until 2030.