Poland's top court enters crisis as prime minister suspends chief judge
A standoff between the government and the president over the Constitutional Tribunal has led to protests and a suspension order in Warsaw.
By Rebecca Foster ·
Poland is in the grip of a constitutional crisis that pits the prime minister against the president. The conflict centers on the Constitutional Tribunal in Warsaw, where a dispute over judicial independence has paralyzed the court and sparked street protests.
The core of the disagreement involves who controls the bench of the nation's highest legal body. For years, the ruling party has clashed with the opposition over the legitimacy of judges appointed during the previous administration. The issue came to a head this week when the government moved to remove the court's presiding officer.
The first key development is the suspension of Chief Judge Bogdan Swieczkowski. A statement posted on the tribunal's website on Friday announced his removal from the role. Swieczkowski served as a deputy justice minister under the former Law and Justice government. He had previously refused to seat judges elected by the current parliamentary majority.
The second key point is the immediate political reaction from Prime Minister Donald Tusk. Tusk defended the move on social media and in a televised address on Saturday night. He described the restoration of the rule of law as a difficult and sometimes painful process. Tusk stated, "I am certain that the Constitutional Tribunal will function as it should. Also, independently of me and in line with the constitution."
The third key development is the response from President Karol Nawrocki, an ally of the opposition party Law and Justice. Nawrocki interrupted a flight to Senegal to return to Warsaw. He traveled to the tribunal early Saturday morning and declared a breach of public order. In a statement read by an aide, he accused the government of a forcible takeover of a constitutional body.
The background of this crisis dates back to 2015, when the Law and Justice party won the election and restructured the judiciary. They replaced judges selected by the previous government with their own nominees. In December 2025, the European Court of Justice ruled that the tribunal lacked independence and impartiality due to these politicized appointments. The EU had withheld billions of euros in funds from Poland between 2015 and 2023, citing these reforms as a subversion of democratic checks and balances.
Protests erupted outside the tribunal building on Friday and Saturday nights. Several hundred demonstrators gathered, chanting for the reinstatement of the chief judge and accusing the government of staging a coup. Police guarding the site detained three protesters on Friday night after they threw objects at officers and attempted to break through the security fence.
The political stakes are high as Poland approaches its next parliamentary election in one year. The government is a coalition that includes the centrist Civic Coalition, the Left, Poland 2050, and the Polish People's Party. Representatives from Poland 2050 and the Polish People's Party met with President Nawrocki on Saturday, while Prime Minister Tusk was absent. A general assembly of tribunal judges is scheduled for Tuesday, and the court needs a quorum of 10 of its 15 judges to make decisions.
