Poland's prime minister removes top judge after standoff with president
Donald Tusk's government suspended the head of the Constitutional Tribunal, triggering a sharp confrontation with President Karol Nawrocki and renewed questions about the country's legal framework.
By Fatou Mitchell ·
Polish Prime Minister Donald Tusk moved to replace the head of the Constitutional Tribunal on Friday, a decision that immediately sparked a confrontation with President Karol Nawrocki. The center-left leader's government suspended Bogdan Święczkowski, the chief justice appointed by the previous far-right Law and Justice party, after Święczkowski blocked a new judge from taking office.
The new judge, Maciej Berek, had been nominated by Tusk and approved by the Polish parliament. Święczkowski refused to seat him. When the suspension order came down, Nawrocki called the move a forcible takeover of a constitutional body. He cut short a trip to Africa, ordered his plane to turn around, and flew directly to the Tribunal in Warsaw.
This clash is the latest escalation in a long dispute over Poland's rule of law. Tusk won the 2023 election on a promise to restore the independence of the courts. Nawrocki, a member of the Law and Justice party, was elected separately the following year. The president holds limited executive power but plays a key constitutional role, which has led to frequent deadlocks since Tusk took office.
The tension has roots in the previous administration. During its eight years in power until 2023, the Law and Justice party filled Tribunal seats that were already occupied. In 2021, the European Union labeled these actions a systemic risk to the rule of law. The European Commission subsequently froze $137 billion in funding for Poland due to concerns about judicial independence.
Since Tusk came to power, the judges appointed by his predecessors have remained in their positions. Nawrocki has refused to swear in three of the six new judges nominated by parliament. Last week, Berek was prevented from entering the court amid scuffles outside the building. On Saturday, riot police increased security around the facility in central Warsaw.
Tusk defended his government's actions in a televised speech and on social media. He stated that the process is difficult and requires decisive action. He argued that shouting and brawling cannot be the source of law in Poland. He insisted the Tribunal would function independently and in line with the constitution.
Legal experts have offered mixed views on the legitimacy of the suspension. Alberto Allemano, a law professor at HEC Paris Business School, noted that appointing a close ally of Tusk contradicted the government's pledge to depoliticize the court. He suggested that while the suspension was not a coup, the method of restoring the rule of law must itself be lawful. He added that the opposition is using illegal means to retain control of the institution.
US Ambassador to Poland Tom Rose warned that large crowds gathering outside the Tribunal make the situation combustible. He urged government officials, law enforcement, and demonstrators to avoid actions that could provoke violence. The standoff occurs as Poland faces security threats from the war in Ukraine and recent sabotage attacks that Tusk has attributed to Russia. Fresh elections are scheduled for next year.
