Poland’s Constitutional court dispute intensifies ahead of 2027 election

The government argues the court requires reform to align with EU standards and restore the rule of law, while Nawrocki’s supporters accuse Tusk of orchestrating a coup.

A critical meeting is scheduled for Tuesday, where eight judges backed by Tusk’s parliamentary coalition intend to approve the tribunal’s budget and consider disciplinary actions against President Bogdan Święczkowski and his deputy, Bartłomiej Sochański. A quorum of 10 judges is needed, requiring support from justices appointed under the former PiS government, which held power from 2015 to 2023.

The dispute has fostered unity among right-wing opposition parties ahead of the 2027 parliamentary election. A rally outside the tribunal included PiS co-founder Jarosław Kaczyński alongside Grzegorz Braun, an extreme-right advocate, and former Prime Minister Mateusz Morawiecki. Anna Bryłka, vice president of the Confederation party, stated, “There are plenty of differences between our programs. But ending Prime Minister Tusk’s government is the fundamental common goal.”

While Tusk’s Civic Coalition leads in opinion polls, its smaller partners face potential challenges in securing parliamentary seats. Borys Budka, a Civic Coalition member of the European Parliament, warned that a right-wing coalition could dismantle independent institutions and potentially lead to Poland’s exit from the European Union, a possibility Kaczyński recently raised.

The crisis stems from a decade-long dispute. In 2015, a parliamentary majority elected five Constitutional Tribunal judges, a move later deemed problematic. The PiS government subsequently invalidated those selections and appointed replacements sworn in by President Andrzej Duda.

The European Union’s top court ruled in December 2025 that the tribunal did not meet independence standards due to appointment irregularities.

The current crisis escalated when Nawrocki selectively swore in judges appointed by parliament, a move critics consider unconstitutional. Święczkowski has refused to allow the new judges access to the building, and Anna Korwin-Piotrowska temporarily suspended Święczkowski and Sochański. Nawrocki subsequently interrupted an official trip to return to Warsaw and reportedly forced his way into the tribunal.

Tusk has called for Nawrocki to recognize the legitimacy of the parliament-elected judges and allow them to assume their duties. He warned that the confrontation could have significant repercussions for Poland.

PiS deputy leader Przemysław Czarnek demanded Tusk’s resignation and a new election. Zbigniew Bogucki, head of Nawrocki’s chancellery, described the conflict as “a battle for Poland’s democracy.” Political scientist Ben Stanley suggests that while the crisis may temporarily unite right-wing factions, divisions could resurface before the next election.