Polish president storms Constitutional Tribunal amidst power struggle

Nawrocki abruptly cut short a trip to Senegal and returned to Poland to confront the situation. Video footage, shared by newly appointed Constitutional Tribunal judge Maciej Berek, shows Nawrocki, a former amateur boxer, forcibly entering the building, allegedly making physical contact with a judge. In another video, Nawrocki reportedly told Judge Anna Korwin-Piotrowska and other colleagues, “You are not Constitutional judges!”

The immediate trigger for the crisis was an announcement on the Constitutional Tribunal’s website stating that the court president and vice president had been removed from their positions, with Korwin-Piotrowska assuming temporary leadership. However, the underlying conflict stems from a broader power struggle between Tusk’s pro-European coalition and the right-wing Law and Justice (PiS) party, to which Nawrocki is aligned.

During its time in power (2015-2023), PiS appointed judges sympathetic to its political agenda. The European Court of Justice later determined that the Polish Constitutional Tribunal could not be considered independent due to concerns about the appointment process.

After taking office in 2023, Tusk aimed to reverse judicial reforms implemented by PiS. Nawrocki has since resisted swearing in five judges nominated by parliament. When these judges took their oaths before parliament, the court president nominated during the PiS era, Bogdan Swieczkowski, denied them access to the building.

Demonstrators gathered outside the Constitutional Tribunal, many supporters of PiS and far-right parties, claiming the removal of the previous president was unlawful and accusing the government of politicizing the judiciary, a charge previously leveled against PiS. Some demonstrators also expressed anti-German sentiment, chanting slogans such as “Tusk to Berlin!” and “Poland is here,” reflecting a narrative portraying Tusk as a puppet of the German government.

Prime Minister Tusk stated on X that his government has a duty to restore the rule of law in Poland, describing the process as “difficult” and requiring “decisive action.”

The ongoing conflict between Nawrocki and Tusk is further polarizing Polish society and weakening the country politically, hindering its ability to fully leverage its importance as a key ally of Ukraine within the EU and NATO. Critics accuse Nawrocki and PiS of deliberately escalating the situation to destabilize the government, potentially benefiting them ahead of upcoming parliamentary elections.

Korwin-Piotrowska declared on TVP that Swieczkowski had rendered the court dysfunctional by blocking the new judges and that she had convened a session of all Constitutional judges for November 3rd as the senior judge.