Poland Court Standoff Deepens as Tusk and Nawrocki Clash Over Tribunal Leadership

Riot police remained outside Poland's Constitutional Tribunal in Warsaw on November 1 as the dispute between Prime Minister Donald Tusk's government and President Karol Nawrocki over the court's leadership continued without resolution. The confrontation escalated on October 31 when the court's longest-serving judge, Anna Korwin-Piotrowska, suspended President Bogdan Święczkowski and his deputy for one month and assumed interim control.

Święczkowski, appointed under the previous Law and Justice government, has refused to seat judges elected by the current parliamentary majority. Nawrocki, elected in 2025 with PiS backing, has declined to administer oaths to some of those judges. Justice Minister Waldemar Żurek requested that the immunity of Święczkowski and Bartłomiej Sochański be lifted so criminal charges could be brought. The Tribunal's statement described the suspension as unlawful and labelled the actions a coup d'état.

Nawrocki turned his aircraft around while en route to Senegal for the Summer Youth Olympic Games and returned to Warsaw. He convened talks at the presidential palace on Saturday with representatives of PiS, Confederation, and other parties. Tusk's Civic Coalition and the New Left did not attend. Nawrocki described the situation as a threat to internal security and called for the withdrawal of security forces from the court building.

Tusk addressed the nation on Saturday evening and said there could be no compromise on the rule of law. He compared calls for reconciliation to a thief demanding to keep half the contents of a stolen handbag. The European Commission has stated that the appointment of new Tribunal members lies within the power of the Sejm, Poland's parliament. Commissioner Michael McGrath reiterated that position. The European Court of Human Rights issued interim measures in May requiring authorities to refrain from hindering judges appointed by the Sejm in March 2026.

Hundreds of protesters gathered outside the Tribunal, some waving Polish flags and demanding Święczkowski's reinstatement. Police in riot gear controlled access to the building. The scene was broadcast live on Friday night when Nawrocki attempted to enter the premises. The court has been effectively paralysed for months because the two sides do not recognise each other's appointees.

The dispute dates to the PiS years from 2015 to 2023, when the party filled the Tribunal with sympathetic judges. The European Court of Justice has previously ruled that the court could not be considered independent because of defects in appointments. Tusk's coalition, which took office in 2023, pledged to reverse those reforms. Progress has been blocked by Nawrocki's refusal to swear in judges and by the sitting leadership's refusal to seat them.

Korwin-Piotrowska is one of the judges elected by the current majority but not sworn in by Nawrocki. Her order suspending Święczkowski was rejected by the suspended president, who said the Tribunal consists of lawfully appointed judges. No breakthrough emerged from Saturday's talks. Parliamentary elections are due next year, and the standoff has drawn attention from Brussels as Poland seeks to unlock remaining EU recovery funds tied to judicial reforms.

The immediate practical effect is that the Tribunal cannot reliably adjudicate constitutional questions. Both sides have accused the other of undermining the constitution. Further legal challenges and street protests are expected while the composition of the court remains unresolved.