Poland's Constitutional Tribunal Crisis Escalates as Rival Judges Claim Leadership

Poland's Constitutional Tribunal has two competing claims to leadership after Judge Anna Korwin-Piotrowska ordered the suspension of President Bogdan Swieczkowski and Deputy Bartlomiej Sochanski for one month on 30 October. She declared herself acting head. The existing leadership rejected the orders. Riot police have guarded the Warsaw building since Friday afternoon. Hundreds of protesters gathered outside.

Prime Minister Donald Tusk defended the move in a televised address. He said the tribunal, as shaped by the previous Law and Justice government, was not a real court and that repeated legislative attempts to fix it had been blocked. President Karol Nawrocki, a PiS ally elected in 2025, cut short a visit to Senegal, returned to Warsaw, and entered the building. He described the events as a forcible takeover and a breach of public order. His office said people in the doorway violated his personal inviolability.

Justice Minister Waldemar Zurek has sought to strip Swieczkowski and Sochanski of judicial immunity, potentially opening the way to criminal charges over alleged obstruction. Former tribunal presidents issued a joint statement backing the changes, saying there is no other way to end the crisis and restore the court to the public. The European Commission has reiterated that parliament must have the right to appoint judges and has monitored the developments.

Roots of the Dispute

The tribunal has 15 judges elected by the Sejm. During eight years in power, PiS filled seats with its appointees, including Swieczkowski, a former deputy justice minister. After Tusk's coalition took office in 2023, it pledged to restore independence. Nawrocki has refused to swear in five of the judges elected this year by the current parliamentary majority. Those five, including Korwin-Piotrowska, took oaths in parliament instead but have been barred from hearing cases by the existing leadership.

Korwin-Piotrowska cited the Law on the Organization of Common Courts, read with legislation on the Supreme Court and tribunal judges, as the basis for the suspensions. Critics call the procedure unlawful. Swieczkowski has called it a coup d'etat. On Tuesday 3 November, Korwin-Piotrowska has called a general assembly of judges to approve the 2027 budget proposal. The composition of that assembly and whether it reaches quorum are likely to be contested.

Street and Political Reaction

Police said three people were arrested after trying to enter the complex. PiS leader Jaroslaw Kaczynski and far-right politicians joined the protests. Tusk's Civic Coalition did not attend the talks Nawrocki called with parliamentary leaders on Saturday. The European Conservatives and Reformists group in the European Parliament accused the government of breaching the rule of law. Supporters of the government argue the previous appointments and blocks had already damaged the tribunal's legitimacy in the eyes of EU institutions.

The crisis sits inside a longer confrontation over judicial independence that has strained Poland's relations with Brussels. EU funds were previously withheld over rule-of-law concerns. The current government has worked to unlock them. The tribunal's paralysis affects its ability to rule on the constitutionality of statutes, including those the government wants to advance.

Next Steps

No court has yet ruled on the legality of the suspensions. The rival claims leave the institution without a single recognized authority. Tusk has said there can be no compromise on the matter, comparing calls for reconciliation to a thief demanding to keep half the contents of a stolen bag. Nawrocki continues to treat the existing leadership as legitimate. The 3 November assembly will test whether the new group can operate in practice. Until the competing claims are resolved, the tribunal remains a flashpoint between the government and the presidency.