Poland’s Constitutional Tribunal resumes work amid deepening political and religious crisis

Key points

• On November 3, eight judges elected by the current parliamentary majority convened a general assembly, declaring they met the quorum requirements to resume the Tribunal’s work after suspending President Święczkowski and his deputy.
• The suspension was announced on October 30 by Judge Anna Korwin-Piotrowska, who claimed authority as the most senior judge, citing alleged irregularities by Święczkowski. This followed President Nawrocki’s refusal to swear in new judges elected by parliament.
• President Nawrocki, aligned with the opposition Law and Justice (PiS) party, aborted a state visit to Senegal to return to Warsaw, where he physically forced his way into the Tribunal building on October 31, clashing with protesters and police.
• Prime Minister Donald Tusk defended the suspension as a necessary measure to restore the rule of law and judicial independence, while PiS leaders, including former Justice Minister Zbigniew Ziobro, labeled it a criminal attack on the constitutional order.
• The crisis has prompted international reactions, with the EU Commission supporting the government’s stance, the US Ambassador urging restraint, and Russia amplifying claims of a coup to destabilize Poland’s pro-European leadership.
• Polish Catholic bishops issued urgent appeals for peace and reconciliation, with Cardinal Konrad Krajewski urging fasting and prayer, warning that the dispute is leading to a profound state crisis and deepening social divisions.

Background

This crisis is the latest escalation in a decade-long battle over the control of Poland’s judiciary, which began when the PiS party took power in 2015. The EU Court of Justice ruled in 2023 that the Tribunal was no longer impartial due to PiS-era appointments. Tusk’s government, which took power in 2023, has repeatedly attempted to replace PiS-aligned judges but faced blockades from successive PiS-aligned presidents, including Nawrocki. The current standoff follows a series of failed attempts to secure a majority of judges friendly to the government, leading to the controversial suspension of the court’s leadership.

How outlets are covering it

The government and the European Commission view the suspension as a necessary, albeit difficult, step to restore the rule of law and judicial independence, arguing that PiS-era reforms undermined the Tribunal’s impartiality. In contrast, the PiS party and President Nawrocki frame the action as an illegal coup and a violation of the constitutional order, with Nawrocki accusing Tusk of using state power to seize control of the court. Human rights organizations, such as the Helsinki Foundation for Human Rights, criticize the methods used, noting that the legal basis for the suspension is doubtful and that the police presence escalated tensions. International perspectives vary: the US Ambassador urged restraint without interfering in internal affairs, while Russia amplified claims of a coup to undermine Poland’s pro-European stance. Religious leaders, including the Polish bishops, called for peace and reconciliation, warning that the crisis is deepening social divisions and eroding trust in state institutions.

Why it matters

The crisis threatens to further polarize Polish society ahead of the 2027 parliamentary elections, potentially hardening political divisions and making consensus on judicial reform even more difficult. It also raises questions about the stability of Poland’s rule of law and its alignment with EU norms, with potential implications for Poland’s standing in the European Union. The involvement of international actors, including Russia, adds a geopolitical dimension to the domestic dispute, while the religious appeals highlight the deep social and moral dimensions of the crisis. The resolution of this standoff could set a precedent for how Poland handles future conflicts between the executive and judicial branches, with significant consequences for the country’s democratic institutions and international relations.

What to watch

The November 3 general assembly is expected to decide on the future of the Tribunal and potentially on the immunity of Święczkowski, which could pave the way for his criminal prosecution. However, it is unlikely that all sides will accept the decisions, as PiS-aligned judges may not recognize the legitimacy of the new leadership or the quorum calculation. The crisis is expected to continue, with potential further escalations in political tensions and public protests. The government may pursue a complete reset of the Tribunal under revised rules, while the opposition may continue to challenge the legality of the suspension. International observers will closely monitor the situation for any signs of de-escalation or further conflict.