'Coup d'etat' or rule of law? Why Poland's PM & president are locked in a standoff

Poland's PM and president locked in a battle over judicial power

Poland was plunged into a fresh constitutional crisis on Friday after the president of its Constitutional Tribunal, Bogdan Święczkowski, and his deputy, Bartłomiej Sochański, were suspended for a month, prompting riot police deployment outside the court in Warsaw.President Karol Nawrocki cut short his flight to Senegal and returned to Poland as the confrontation between prime minister Donald Tusk's government and the opposition Law and Justice (PiS) party intensified.The crisis centres on competing claims over the legitimacy of judicial appointments and the government's efforts to reverse changes introduced during PiS's previous tenure.

Why were the judges suspended?

Judge Anna Korwin-Piotrowska issued the one-month suspension against Święczkowski and Sochański, accusing them of blocking legally appointed judges, including herself, from participating in court proceedings.Justice minister Waldemar Żurek also said he had requested that the two judges' immunity be lifted to enable criminal proceedings against them.According to the Associated Press, police were deployed after concerns were raised about the safety of judges and administrative staff. Officers prevented protesters from entering the building. Police said three people were detained after demonstrators breached the court's fence and threw objects at officers.

The Constitutional Tribunal disputed the suspension, maintaining that its existing leadership remained legally appointed."All persons participating in these actions are committing the crime of a coup d'etat," the court said in a social media statement.

Why are Tusk and Nawrocki fighting?

The dispute dates back to 2015, when the nationalist Law and Justice appointed judges to positions that critics said had already been lawfully filled. European courts subsequently questioned the independence of the tribunal, with the European Union imposing fines on Poland over judicial reforms.Tusk's pro-European coalition came to power in 2023, promising to restore judicial independence. However, Nawrocki, who is backed by PiS, has resisted several appointments, including refusing to swear in judges selected by parliament.

Earlier this year, Nawrocki refused to swear in three of six judges nominated by parliament. Meanwhile, Tribunal president Bogdan Święczkowski, a former deputy justice minister under the PiS government, declined to allow judges elected by the current parliamentary majority to take their seats.Defending his government's actions, Tusk wrote on X, "Restoring the rule of law is our duty. After years of lawlessness under PiS, this is a difficult process, sometimes painful, and it requires decisive action. There is no other way."Speaking to ANI, Poland's deputy prime minister and foreign minister Radosław Sikorski said, "The outgoing president was preventing the duly elected majority from working—from passing judgments, interpreting laws, or even adopting their own budget.

Therefore, action had to be taken to enable the Tribunal to function once again."

Nawrocki returns as opposition alleges coup

Nawrocki cancelled his Senegal visit mid-flight, writing on X, "At such a moment, the President must be in Poland. I'm interrupting my flight to Senegal. I'm returning."A video shared by Constitutional Tribunal Judge Maciej Berek on X showed Polish president Karol Nawrocki pushing his way past judges gathered at the tribunal’s entrance, prompting a clarification from Berek over what he described as an “outrageous and scandalous situation”.

Berek said the judges had been waiting to greet Nawrocki and invite him into a room prepared for the meeting. He alleged that the president “crashed into Judge A. Korwin-Piotrowska with force” before pushing through the group. “I emphasize—no one grabbed the President, nor did anyone tussle with the President,” he wrote, adding that the clips published did not show the entire incident.Meanwhile, other videos circulating on X showed Nawrocki confronting Anna Korwin-Piotrowska. He said, “You are not judge of the Constitutional Court!”PiS leader Jarosław Kaczyński accused the government of authoritarianism, saying, "From today, Poland becomes a police state, and from there there is already a direct path to authoritarianism, and then to totalitarianism."