International
oi-Gaurav Sharma
Poland has been thrown into political turmoil after a dispute over control of the country’s highest judicial body sparked demonstrations, police intervention and an unexpected change in President Karol Nawrocki’s plans for his foreign trip.
The standoff has pitted Prime Minister Donald Tusk’s pro-European government against opposition party Law and Justice (PiS) over the independence, leadership and operations of the Constitutional Tribunal.
Poland faces political turmoil as PM Donald Tusk’s government clashes with the PiS opposition over the Constitutional Tribunal’s control, leading to demonstrations and President Karol Nawrocki cutting short a trip after Justice Minister Waldemar Zurek moved against Tribunal President Bogdan Swieczkowski.
Tensions rose as demonstrators gathered outside the court with some climbing over the fence and throwing objects at police. Riot police were sent to the scene and three people were arrested.
The immediate cause of the row was Justice Minister Waldemar Zurek’s move to remove judicial immunity from Constitutional Tribunal President Bogdan Swieczkowski and Vice-President Bartlomiej Sochanski, allowing for criminal proceedings to be brought against them.
The government claims that the leadership of the tribunal has been blocking judges from sitting at the court who were elected by the current majority in parliament.
President Karol Nawrocki Abandons Senegal Trip
A twist in the political row came when President Karol Nawrocki cut short his trip to Senegal.
Nawrocki, who was on his way to Dakar to attend the Summer Youth Olympic Games, said he was cutting short his visit due to the situation with the Constitutional Tribunal.
“At a time like this, the President must be in Poland. I am cutting short my flight to Senegal and am returning,” he said on X.
The president then entered the Constitutional Tribunal, his chief of staff said.
Nawrocki is supported by the PiS opposition and has often spoken out against a number of judicial changes made by Tusk’s government.
Why Are Donald Tusk And PiS Fighting Over Poland’s Judiciary?
The latest row stems from a long-standing dispute over judicial reforms made by the Law and Justice government between 2015 and 2023.
During their time in power PiS made a number of changes to the judiciary which were criticised by the opposition parties and European Union over concerns of a lack of judicial independence.
The European Court of Human Rights and the Court of Justice of the European Union also raised concerns over certain appointments made during the PiS government.
Donald Tusk returned to power in 2023 with a pledge to return judicial independence.
But his government has faced challenges in trying to push through its plans due to opposition from two successive presidents Andrzej Duda and Karol Nawrocki.
Nawrocki has also refused to swear in five judges elected by parliament since March, claiming there were issues with how they were elected. One of the judges, Anna Korwin-Piotrowska, has now been temporarily placed in charge of the tribunal.
Suspension Of Constitutional Tribunal Chief Sparks New Row
The situation escalated when news of Bogdan Swieczkowski being suspended emerged on the Constitutional Tribunal’s website on Friday evening. The website was then unavailable soon after making it hard to independently confirm why Swieczkowski was suspended.
Swieczkowski was appointed as president of the tribunal under the PiS government and Donald Tusk has claimed that he has been blocking judges elected by the current parliamentary majority from performing their duties.
Justice Minister Waldemar Zurek claims that Swieczkowski and Sochanski should be subjected to criminal proceedings over blocking newly elected judges.
But the Constitutional Tribunal has denied the claims, stating on social media that they are still legally appointed senior judges and that the government’s actions are a “coup d’état”.
The Venice Commission, an advisory body of the Council of Europe on constitutional matters, had previously called on Nawrocki to swear in the five judges.
Donald Tusk Defends Government, PiS Calls For Resistance
Prime Minister Donald Tusk defended the government’s actions saying that it was their duty to return the rule of law.
“The restoration of the rule of law is our duty. After years of lawlessness by the Law and Justice, we are doing a difficult and sometimes painful thing. We have to do it decisively. There’s no other way,” he said on X.
The opposition have heavily criticised the action taken against Swieczkowski. Former Justice Minister Zbigniew Ziobro claimed it was a “blatant, criminal attack on the constitutional order”. He called on people to resist.
The government’s actions have also been criticised by some legal experts who previously opposed the PiS judicial reforms. Lawyer Marcin Matczak questioned why Swieczkowski was suspended and claimed that sending armed police to the tribunal could have serious consequences for the rule of law in the country.
The row comes ahead of parliamentary elections in Poland next year. Some members of the ruling camp have questioned if Donald Tusk has been quick enough in reversing the previous government’s judicial changes. Others have raised concerns over the legality of the latest actions by his government.
