Poland's Constitutional Tribunal Faces Rival Leadership Claims as Tusk Vows No Compromise

Poland's Constitutional Tribunal entered a new phase of its long-running leadership dispute over the weekend of November 1. Judge Anna Korwin-Piotrowska, one of the judges elected by the current Sejm majority, announced the one-month suspension of tribunal president Bogdan Święczkowski and his deputy Bartłomiej Sochański. She declared herself the acting head. The existing leadership rejected the move, leaving two groups claiming authority over the court.

Police deployed outside the tribunal building in Warsaw as supporters of the previous leadership gathered. President Karol Nawrocki cut short a visit to Senegal and returned to the capital. He accused Prime Minister Donald Tusk's government of attempting a forced takeover. Nawrocki has refused to swear in several judges elected by the current parliamentary majority, including Korwin-Piotrowska. Those judges took oaths in parliament instead, but Święczkowski has blocked them from hearing cases.

Tusk addressed the nation on Saturday evening. He said the tribunal in the form left by the previous Law and Justice government was never a real court. He stated that repeated legislative attempts to resolve the impasse had been blocked. "In some matters there can be no compromise," he said. He compared demands for reconciliation to a thief insisting on keeping half the contents of a stolen bag. Tusk added that no politician, including the president, has the right to give orders to judges or intimidate them. He said the government would ensure the tribunal can operate according to the constitution.

Justice Minister Waldemar Żurek, who also serves as prosecutor general, asked the tribunal to lift the immunity of Święczkowski and Sochański. He filed requests that could open the way to criminal charges over alleged obstruction of the new judges' work. The suspended president and his allies have called the suspension a coup. Święczkowski rejected Korwin-Piotrowska's authority.

The European Commission sided with the parliamentary majority on the appointment question. A spokesperson said appointing the new judges lies within the constitutional power of the Sejm. Commissioner Michael McGrath stated that the tribunal needs to function in line with the Polish constitution and EU case law. The Commission did not comment directly on the suspension itself. Brussels has long criticized the previous government's judicial changes. It released frozen EU funds after Tusk's coalition took office in 2023, though some reforms remain incomplete.

Korwin-Piotrowska has called a general assembly of tribunal judges for November 3 at 15:30 in Warsaw. The meeting is meant to approve the court's proposed 2027 budget. Legal questions remain about the required quorum. The tribunal has 15 seats. With suspensions and disputes over who counts as a sitting judge, both sides may challenge whether a valid assembly can meet.

The dispute traces back to the eight years of Law and Justice rule. The party appointed a majority of the tribunal's members and changed its rules. European courts later found several of those changes incompatible with EU law. After Tusk's coalition won in 2023, it sought to restore what it called the rule of law. Nawrocki, elected president in 2025 with opposition support, has used his powers to slow or block those steps. He has refused oaths for five of the eight judges chosen by the current Sejm.

Street protests on Friday night brought hundreds of people to the tribunal grounds. Riot police formed lines. Some demonstrators accused the government of trying to seize the court. Tusk's supporters described the action as necessary to end an institution they say has blocked reforms for years. The next concrete test is the November 3 assembly and any further moves on immunity or budget approval.

As of November 2, the tribunal remains divided. Both the suspended leadership and the group around Korwin-Piotrowska continue to issue statements. The president and prime minister have not reached an agreement on the status of the unelected judges. The Commission's position adds external pressure, but the immediate decisions rest with Polish institutions. The outcome will shape whether the tribunal can issue binding rulings in the months ahead and how the government and president manage their remaining differences before next year's parliamentary elections.