Poland Constitutional Court: Tusk Government Judges Take Over Amid Protests

• Seven judges appointed by Poland's pro-EU government forcibly entered the Constitutional Tribunal, suspending its PiS-aligned leadership.
• President Karol Nawrocki, aligned with the opposition, dramatically returned from a diplomatic trip to confront the new judges, declaring the takeover unconstitutional.
• Prime Minister Donald Tusk defended the actions as necessary to restore the rule of law, accusing President Nawrocki of judicial intimidation.
• The European Commission supported the Tusk government's actions, citing a European Court of Human Rights ruling on judicial appointments.
• This event follows a 2021 ruling by the Tribunal declaring EU laws secondary to Poland's constitution and a 2025 EU court ruling deeming the Tribunal illegitimate.

This dramatic confrontation underscores the deep divisions within Poland's political landscape regarding judicial independence and the country's relationship with the European Union.

On a recent Friday evening, Poland's Constitutional Tribunal became the scene of a contentious judicial takeover, as seven judges appointed by the nation's pro-European centrist government entered the court building under police escort. This action, which saw the new appointees access the court's website and declare the suspension of its president and vice president—both figures aligned with the previous hard-right Law and Justice (PiS) party—unleashed immediate and furious condemnation from the opposition. Outside the court, protesters supporting Polish nationalists had gathered at the front gates, highlighting the charged atmosphere surrounding the events.

Jarosław Kaczyński, the leader of the Law and Justice party, swiftly denounced the move, asserting that Poland had transitioned into a "police state" and was on a dangerous trajectory toward authoritarianism and ultimately totalitarianism. The suspended chief justice, Bogdan Święczkowski, also rushed to the court, where his supporters used a power tool to cut through a fence in an attempt to gain entry. Confronted by riot police, Święczkowski declared the unfolding situation an illegal "coup d’état," further escalating the rhetoric.

The drama intensified in the early hours of Saturday when Polish President Karol Nawrocki, a figure aligned with Law and Justice, made an unexpected appearance. Having been mid-flight to Senegal for a diplomatic mission when news of the Warsaw events broke, the President ordered his aircraft to turn back. Upon arriving at the court, Nawrocki reportedly pushed past police lines and engaged in a physical altercation with Anna Korwin-Piotrowska, one of the newly appointed judges overseeing the takeover. Inside, he was seen arguing with the new judicial appointees, subsequently declaring the entire operation a breach of the constitutional order and calling for urgent, cross-party parliamentary consultations.

This recent confrontation at the Polish Constitutional Tribunal is the culmination of years of escalating tensions over judicial independence and the supremacy of law within Poland. The court itself had previously ignited a major European dispute in 2021 by asserting that Polish constitutional law held precedence over European Union laws, a declaration that significantly strained relations with Brussels. Four years later, in 2025, the European Union's highest court responded by deeming the Polish Constitutional Tribunal illegitimate, concluding it had been unlawfully compromised by the far-right government that was subsequently ousted.

A key factor contributing to the current standoff has been President Karol Nawrocki's consistent obstruction of judicial appointments made by the current Tusk government. The President, leveraging his constitutional powers, had systematically refused to administer the required swearing-in oaths for judges nominated by Prime Minister Donald Tusk's administration. This deliberate impediment effectively stymied the court's ability to function with a full complement of judges aligned with the new government's vision, setting the stage for the dramatic actions taken on Friday night.

In the wake of the court takeover, Polish Prime Minister Donald Tusk, leader of the center-right Civic Coalition, publicly defended the government's actions, framing them as essential for the restoration of the rule of law in Poland. Tusk explicitly accused President Nawrocki of unlawfully intimidating judges and acknowledged the difficulty of the process, stating that "restoring the rule of law is our duty" and that it required "decisive action" after years of "PiS-led lawlessness." This assertion highlights the Tusk government's commitment to addressing what it perceives as a crisis in Poland's judicial system.

The events quickly drew international attention, particularly from far-right political figures across Europe. Marine Le Pen of France, for instance, was among those who condemned the Tusk government, accusing Europe's liberal establishment of employing anti-democratic tactics against their political adversaries. Le Pen characterized the situation in Poland as a "forcible takeover of a constitutional body," expressing concern over the increasing use of "strong-arm tactics within the European Union itself." In contrast, the European Commission issued a carefully worded statement that implicitly supported the Tusk government's actions. The Commission referenced a May ruling by the European Court of Human Rights, which had affirmed that the Polish Parliament's appointments to the constitutional court should not be obstructed, thereby lending a degree of legitimacy to the government's efforts to seat its chosen judges. This dramatic confrontation underscores the deep divisions within Poland's political landscape regarding judicial independence and the country's relationship with the European Union.

Lawyers and compliance officers operating in or with Poland should closely monitor the evolving situation regarding the Polish Constitutional Tribunal's leadership and legitimacy. The ongoing dispute creates significant uncertainty around the enforceability of constitutional rulings and the stability of the judicial system, which could impact legal risk assessments, contractual certainty, and the interpretation of Polish law, particularly concerning EU legal supremacy.

Source: Original reporting via Associated Press and Courthouse News.