▲ Protesters attempting to enter the Constitutional Tribunal
A direct collision has erupted in Poland between the pro-European, centrist government led by Prime Minister Donald Tusk and the nationalist opposition led by President Karol Nawrocki over control of the Constitutional Tribunal.
Political tensions have escalated as President Nawrocki cut short his trip to Africa and rushed back to the country following the abrupt suspension of the tribunal's president—who was appointed by the previous administration—amid the Tusk administration's judicial reforms.
According to Reuters and Bloomberg, Anna Korwin-Piotrowska, a judge on the Polish Constitutional Tribunal, announced yesterday (October 30) local time that she was suspending Bogdan Swiecicki, the president of the tribunal, and taking charge of running the court.
The tribunal's vice president was also suspended at the same time.
The government deployed a large number of police officers to the tribunal to block Swiecicki from entering the building.
Swiecicki was elected and appointed by a parliament controlled by the previous administration of the nationalist right-wing Law and Justice (PiS) party, while Judge Korwin-Piotrowska was elected in March by a parliament controlled by the Tusk administration.
Poland is a semi-presidential republic where power is shared between the prime minister and the president.
Constitutional tribunal judges are elected by parliament and begin their terms after taking the oath of office before the president.
Upon hearing the news of the suspension of the tribunal president and vice president, President Nawrocki, who was on a tour of Africa, cut short his schedule and rushed home.
PiS supporters gathered in front of the tribunal, where right-wing politicians denounced the Tusk government for carrying out a coup against the court.
President Nawrocki, an amateur boxer, attempted to enter the tribunal building and engaged in a scuffle with Judge Korwin-Piotrowska and others who tried to block him.
Maciej Berek, a judge nominated by the ruling coalition, claimed on social media that "the president chose physical confrontation."
On the other hand, Rafal Leskiewicz, a presidential spokesperson, said, "Usurpers of power blocked the President of the Republic of Poland from entering the Constitutional Tribunal and violated the president's inviolable prerogatives."
The Ministry of Justice announced that it would send prosecutors to the tribunal to investigate the scuffle.
Minister of Justice and Prosecutor General Waldemar Zurek criticized President Nawrocki, stating, "It is unacceptable for someone protected by immunity to attack judges."
President Nawrocki emerged from the tribunal at dawn on the 31st and issued a statement claiming, "Tonight, the constitutional order of the Republic of Poland has been violated and constitutional institutions have been seized by force."
Having lost power to Prime Minister Tusk's centrist bloc in the 2023 general election, the PiS has vied for political dominance with the Tusk cabinet by putting forward President Nawrocki, a nationalist historian.
This crisis appears to be a dramatic explosion of long-standing political conflict between the two camps over the tribunal.
The dispute dates back to 2015, when the PiS government attempted to appoint new judges to seats on the Constitutional Tribunal that had been elected during the previous administration.
After judges nominated by PiS secured a majority of the 15 total seats, criticisms were raised both domestically and internationally that the tribunal had become subordinate to the ruling power.
The Court of Justice of the European Union, the EU's highest court, also acknowledged in 2021 that Poland's Constitutional Tribunal lacked independence and impartiality.
Prime Minister Tusk's pro-European centrist government, which came to power in 2023, embarked on judicial reforms with the pledge to restore the rule of law undermined by the previous administration.
However, earlier this year, President Nawrocki refused to administer the oath of office to three of the six constitutional judges elected by parliament, and President Swiecicki also refused to recognize the constitutional judges elected by the current parliament.
Prime Minister Tusk, who played the extreme card of suspending the tribunal president, wrote on X, "Restoring the rule of law is our duty," adding, "This process is difficult, sometimes even painful, and requires decisive action. There is no other way."
Foreign Minister Radoslaw Sikorski also told reporters on the sidelines of the G20 Foreign Ministers' Meeting in Atlanta, United States, "The Constitutional Tribunal was politicized under the previous government," justifying that "what is happening now is intended to allow the legally elected majority of judges to return the tribunal to normal operation."
The Tusk government has pressured the opposition by investigating former Justice Minister Zbigniew Ziobro and former Deputy Justice Minister Marcin Romanowski—identified as having led the takeover of the judiciary during the PiS rule—on charges including the embezzlement of crime victim support funds.
The two men have fled overseas to evade arrest.
Jaroslaw Kaczynski, leader of the PiS, fiercely denounced the government's action.
He criticized it by saying, "This is unprecedented anywhere in the world," and "Starting today, Poland is transforming into a police state."
Jakub Kumoch, the Polish ambassador to China appointed under the PiS administration, announced that he has resigned in protest of this incident.
The First President of the Supreme Court of Poland also issued a statement strongly protesting the decision to suspend President Swiecicki and the police action.
The Polish Constitutional Tribunal posted on its official X account that a "coup d'etat" has taken place, arguing that Judge Korwin-Piotrowska does not qualify as acting president since she did not take her oath of office before President Nawrocki.
(Photo: Yonhap News)