Poland’s Constitutional Court became the site of a major political standoff as riot police were deployed following the government’s move to strip immunity from the court’s top two judges. Justice Minister Waldemar Żurek announced he had requested the removal of immunity for President Bogdan Święczkowski and Vice-President Bartłomiej Sochański to enable criminal prosecution. Prime Minister Donald Tusk characterized the action as part of his effort to restore the rule of law following what he described as years of judicial politicization under the previous Law and Justice administration.
The confrontation intensified when President Karol Nawrocki, who is backed by the opposition Law and Justice party, abruptly cancelled a trip to Senegal to travel to Warsaw and enter the court building. His presence at the scene highlighted the deep partisan divisions over control of the judiciary. Outside the court, Law and Justice supporters gathered in protest as police maintained a perimeter to prevent demonstrators from accessing the building. The Constitutional Court itself issued a statement declaring that the two judges remained legally appointed officials and characterized the government’s actions as constituting a coup.
The underlying dispute traces back to 2015, when the Law and Justice-led government appointed judges to secure a majority on the court. European courts subsequently determined that three of these appointments were improper because they duplicated validly filled positions, ruling that the Polish Constitutional Court was no longer an “independent and impartial tribunal.” Tusk’s government has blocked publication of the court’s rulings based on these European court determinations. However, efforts to reverse these changes have been stymied by presidential vetoes from both Nawrocki and his predecessor Andrzej Duda.
A separate conflict involves five judges elected by parliament since March whom Nawrocki has refused to swear in, citing procedural concerns. One of these judges, Anna Korwin-Piotrowska, has assumed temporary leadership of the court. The Venice Commission, a Council of Europe advisory body, recommended earlier this month that Nawrocki swear in the judges to allow them to participate in court proceedings.
The dispute has drawn criticism even from some judicial reform advocates. Legal expert Marcin Matczak, who opposes Law and Justice-era judicial changes, argued the government’s action lacked legal justification and warned it would damage the rule of law cause for years. Parliamentary elections are scheduled for next year, with some observers suggesting the government’s aggressive stance may be motivated partly by electoral considerations.
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