Poland midnight storm: How court crisis led to stir, President's U-Turn, coup claim

Police guarded Poland's Constitutional Tribunal as protesters opposed Bogdan Swieczkowski's suspension. The confrontation deepened a long-running dispute over judicial independence and constitutional authority.

In Short

• Riot police detained three people after demonstrators breached the perimeter fence
• Justice Minister Waldemar Żurek sought immunity waivers for two senior judges
• Nawrocki cut short his Senegal trip and entered the tribunal

A court under police guard, protesters challenging the government's move and a president abandoning an overseas trip midair - Poland's latest constitutional showdown had all the makings of a political crisis.

At its centre is a bitter struggle over who controls the country's judiciary, pitting Donald Tusk's pro-European government against the opposition Law and Justice (PiS) party.

Riot police were deployed after some demonstrators breached the court's perimeter fence and others threw objects at officers. Police said three people were detained during the confrontation.

The dispute intensified after Justice Minister Waldemar Zurek sought to strip Swieczkowski and the tribunal's Vice-President Bartomiej Sochanski of their immunity from prosecution to initiate criminal proceedings against them.

The government's action has drawn strong criticism from PiS leaders, who accused Tusk's administration of undermining the country's constitutional order.

Polish President Karol Nawrocki, who is backed by PiS, also cut short his trip to Senegal to return to Warsaw amid the developments. Nawrocki was travelling to attend the Summer Youth Olympic Games in Dakar when he announced that he was turning back.

"At a moment like this, the President must be in Poland. I am cutting short my flight to Senegal. I am returning," he wrote on X.

According to his chief of staff, Nawrocki later entered the Constitutional Tribunal.

POLAND'S GOVERNMENT AND OPPOSITION CLASH OVER JUDICIARY

The latest confrontation is part of a prolonged dispute over judicial independence in Poland, particularly the composition and functioning of the Constitutional Tribunal.

The PiS-led government, which held power between 2015 and 2023, introduced changes to the judiciary that critics in Poland and the European Union said gave the ruling party political control over key judicial institutions.

The European Court of Human Rights and the Court of Justice of the European Union subsequently ruled that three judges appointed during the PiS government's tenure had been improperly elected because their positions had already been filled by the previous parliament.

European courts also questioned the tribunal's independence and impartiality.

Tusk came to power in 2023 promising to restore judicial independence and reverse the changes introduced by PiS.

However, his efforts have faced obstacles, particularly from two successive presidents aligned with the opposition, Nawrocki and his predecessor Andrzej Duda, who have used their veto powers to block proposed reforms.

Nawrocki has also refused to swear in five judges elected by parliament since March, citing concerns over the selection process. One of them, Anna Korwin-Piotrowska, has now been placed in temporary charge of the tribunal.

SUSPENSION OF TOP JUDGE SPARKS LEGAL DISPUTE

Information about Swieczkowski's suspension was published on the Constitutional Tribunal's website on Friday evening. The website went down soon afterwards, preventing independent verification of the official reasons for the move.

Swieczkowski became president of the tribunal under the PiS government. Tusk has accused him of blocking judges elected by the current parliamentary majority from taking up their positions.

The Justice Ministry's move to seek criminal proceedings against Swieczkowski and Sochanski has further intensified the dispute. Zurek said the two senior judges should face charges for preventing the newly elected judges from taking part in the tribunal's proceedings.

The Constitutional Tribunal, however, defended the position of its leadership. In a social media post, it said Swieczkowski and Sochanski remained the legally appointed senior judges of the court. It also described the actions against them as a coup d'tat.

The Venice Commission, the Council of Europe's advisory body on constitutional matters, had earlier this month called on Nawrocki to swear in the five judges elected by parliament so they could take their places on the tribunal.

TUSK DEFENDS MOVE, PiS CALLS FOR RESISTANCE

Defending his government's actions, Tusk said restoring the rule of law was an obligation despite the difficulties involved.

"Restoring the rule of law is our duty. After years of Law and Justice's lawlessness, this is a difficult, sometimes painful process that requires decisive action. There is no other way," he wrote on X.

PiS leaders, however, condemned the suspension of Swieczkowski. Former Justice Minister Zbigniew Ziobro described it as a "blatant, criminal attack on the constitutional order" and called for resistance.

The government's approach has also faced criticism from legal experts who oppose the PiS-era judicial reforms. Lawyer Marcin Matczak, who has been critical of Swieczkowski's leadership, said the suspension had no legal basis.

He warned that the presence of armed police at the tribunal and the government's interpretation of the justice minister's powers could have long-term consequences for the rule of law.

The confrontation comes ahead of parliamentary elections scheduled for next year. While some government supporters have criticised Tusk for not acting decisively enough to reverse the PiS-era changes, others have questioned the legal basis and methods used by his administration.

The standoff has once again brought Poland's judicial independence debate to the forefront, with both sides accusing the other of undermining the country's constitutional framework.

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