Poland's in the midst of a constitutional crisis. Here's what's happening
A decade-long dispute in Poland over one of its top courts has come to a head, with the country's prime minister and president at loggerheads, and protests outside the Constitutional Tribunal in Warsaw flaring this weekend. Here's why.
Long-running political dispute over judicial independence has effectively paralyzed constitutional court
John Mazerolle · CBC News
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A decade-long dispute in Poland over one of its top courts has come to a head over the last two weeks, with the country's prime minister and president at loggerheads, and protests outside the Constitutional Tribunal in Warsaw flaring this weekend.
Here's what's happening and why.
Crisis began with right-wing victory, court control
The Constitutional Tribunal is responsible for checking the compatibility of laws, policies and international agreements with the national constitution.
It has been a major bone of contention between the current pro-European government and the main opposition party, national-conservative Law and Justice (PiS).
PiS drastically transformed the country’s justice system after winning election in 2015, including establishing political control over top courts such as the Constitutional Tribunal and the Supreme Court. This was done in part by cancelling the appointments of judges selected by the previous government and choosing its own.
Back in 2016, opponents of Law and Justice protested outside the building shouting "Democracy!" and "Constitution!"
The European Union’s top court ruled in December 2025 that the Constitutional Tribunal was not "independent and impartial," because of politicized appointments made by the since-defeated Law and Justice government. The EU withheld billions of euros in funds to Poland during the nationalist PiS-led governments of 2015 to 2023, saying their judiciary reforms had subverted democratic checks and balances.
Pro-EU government promises to reform court
After Donald Tusk's pro-European coalition took office in 2023, it pledged to restore the rule of law and reform the court.
But President Karol Nawrocki, a Law and Justice ally, has acted to thwart those efforts since his election as president in 2025. Earlier this year, Nawrocki refused to swear in several judges nominated by parliament.
Meanwhile, the tribunal's chief judge, Bogdan Swieczkowski, a former deputy justice minister in the Law and Justice administration, declined to seat judges elected by the current parliamentary majority.
Constitutional Tribunal president Bogdan Swieczkowski speaks with protesters gathered outside the court's headquarters in Warsaw, Poland, on Oct. 30. (Wojtek Radwanski/AFP/Getty Images)
Chief judge suspended
A statement appeared on the tribunal's website on Friday saying Swieczkowski had been suspended. "Restoring the rule of law is our obligation," Prime Minister Tusk wrote on X on Friday evening. "After years of lawlessness under PiS this is a difficult process, sometimes painful and it requires decisive action. There is no other way."
Speaking on Saturday night, Tusk compared PiS to a man who steals an elderly woman’s purse and then claims to be the victim when police catch him and take it back.
Poland's Prime Minister Donald Tusk, centre, in Brussels on Oct. 15. (Nicolas Tucat/The Associated Press)
"I am certain that the Constitutional Tribunal will function as it should," he said in a televised speech. "Also, independently of me and in line with the constitution.
"The task of the executive branch, and therefore mine, is to ensure its safety and working conditions, and I intend to fulfil my duty."
How PiS and its supporters have responded
Protesters gathered outside the tribunal on Friday and Saturday night in response, and Nawrocki turned back his plane during a flight to Senegal and returned home. He made his way to the Constitutional Tribunal early Saturday despite the chaos.
"Tonight, there was a breach of public order in the Republic of Poland and a forcible takeover of a constitutional body," Nawrocki said in a statement read by an aide outside the court early on Saturday, where several hundred protesters gathered.
Protesters called for Swieczkowski's re-instatement and accused the government of carrying out a coup.
Police, who have been guarding the court since Friday afternoon, said they detained three protesters on Friday night after some threw objects at officers and tried to break through the security fence around the court.
What's at stake
The government is a broad coalition made up of Tusk's centrist Civic Coalition, the Left and two more conservative groupings, Poland 2050 and the Polish People's Party, or PSL.
Representatives of Poland 2050 and PSL, along with several opposition parties, met with Nawrocki on Saturday, while Tusk did not attend.
The president's camp is hoping that the crisis surrounding the Constitutional Tribunal will erode Tusk's parliamentary majority.
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A general assembly of Constitutional Tribunal judges is scheduled for Tuesday, but its ability to make decisions will depend on securing a quorum of 10 of the court's 15 judges.
The latest events took place a year before Poland's next parliamentary election, when Tusk's pro-European coalition will face several hard-right parties who support the president's position.
How it plays out over the coming days or weeks could have a significant impact on next year's parliamentary election and potentially push Poland away from the European mainstream and closer to U.S. President Donald Trump.
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