A deployment of riot police outside Poland’s Constitutional Tribunal have intensified a dispute over Donald Tusk’s efforts to restore judicial independence. The European Commission has defended parliament’s right to appoint judges. European conservatives accuse the government of an unlawful takeover and demand scrutiny from Brussels.
Some judges elected by parliament have been unable to start work, while those already leading the court refuse to recognise their authority. Poland’s Constitutional Tribunal now faces a dispute over its own leadership as well as its membership. Tuesday’s meeting of judges will test whether it can get back to work or become the scene of another confrontation.
Restoring judicial independence, or taking control?
The confrontation followed Judge Anna Korwin-Piotrowska’s decision to suspend Tribunal President Bogdan Święczkowski and his deputy, Bartłomiej Sochański, and assume responsibility for running the institution. She accused its leadership of preventing judges elected by the current parliamentary majority from working. President Karol Nawrocki disputes her authority and the legality of the suspensions.
Riot police guarded the court as protesters gathered, and Mr Nawrocki abandoned a journey to Senegal to return to Warsaw. In his statement on 31 October, he said: “Last night, Poland’s constitutional order was violated and a constitutional state body was forcibly taken over.” He demanded the withdrawal of forces deployed by the government.
Poland’s constitutional order was violated and a constitutional state body was forcibly taken over. — Karol Nawrocki, Polish President
“A democratic state must be strong and capable of enforcing justice,” Prime Minister Donald Tusk said in his televised address that evening. He argued that lawfully elected judges had been obstructed and then attacked when they attempted to begin work. He said the police were protecting the tribunal and promised it would operate independently, including from his government.
The Warsaw police account disputes claims that officers helped seize the building. Police said they remained outside, following requests for protection from the prosecutor general and a tribunal judge. They reported objects thrown towards officers and three detentions after people climbed over the fence. Their statement said officers had taken no action against the tribunal’s own guards.
European divisions over Tusk’s court reform
The European Commission’s intervention addressed the underlying appointments dispute. Commissioner for Democracy, Justice and the Rule of Law Michael McGrath told Polish Press Agency (PAP) that the tribunal must function according to Poland’s constitution and EU Court of Justice case law. He cited the Venice Commission’s position that choosing judges falls within parliament’s powers. “This matters for every Polish citizen, and it is for the Polish authorities to ensure that,” he said.
That position leaves the legality of Friday’s suspensions unresolved. The ECR group’s statement accuses the government of using police to install its preferred judges. ECR co-chair Nicola Procaccini (ECR/ITA) said respect for judicial independence must remain a principle regardless of political alliances. The government and police reject the group’s account of the intervention.
Ms Korwin-Piotrowska has called an assembly of tribunal judges for Tuesday, 3 November, to consider its budget. The meeting brings the struggle over the court’s leadership into decisions about its day-to-day operation.
