Crisis in Poland: Police and allegations of a “coup” at the Constitutional Court

A serious political and institutional crisis has erupted in Poland, centered on the Constitutional Tribunal, as the decision to remove its leadership sparked allegations of a “coup” and a police mobilization.

According to Reuters, the president of Poland’s Constitutional Tribunal, Bogdan Świetkowski, “has been suspended from his duties, with the institution’s leadership challenging the legality of the decision and denouncing an attempt to illegally seize control of the Court.”

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Behind these unprecedented developments lies the fierce confrontation between Donald Tusk’s government and the presidency over control of the judiciary. The conflict, which has its roots in the reforms of the previous government, now raises serious questions about the functioning of the institutions and the legitimacy of their decisions.

Amid these developments, the plane carrying Polish President Karol Nawrotsky to Senegal turned back, while en route to Senegal on Friday, as police entered the premises of Poland’s Supreme Court and its president was suspended.

“At a time like this, the president must be in Poland. I am cutting short my trip to Senegal. I am returning,” he told X. Polish Prime Minister Donald Tusk stated in a Twitter post: “Restoring the rule of law is our duty. After years of lawlessness under the leadership of PiS (Law and Justice Party), this process is difficult, sometimes painful, and requires decisive action. There is no other way.”

Police reported that officers entered the Constitutional Court’s premises following clashes outside the court, and dangerous objects were thrown at police officers, according to Reuters.

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On the official account of the Polish Constitutional Court, however, it is stated that the court’s website has been “illegally hijacked” and that Bogdan Swieckowski remains the president. “All individuals participating in these actions are committing the crime of a coup d’état,” the Twitter message continues. 

A long-standing political dispute over the Constitutional Tribunal has effectively paralyzed the institution. Earlier this year, Navrotski, an ally of Poland’s former nationalist government, refused to swear in three of the six judges appointed by parliament, while Świeczkowski refused to allow judges elected by the current parliamentary majority to take office.

The crisis has its roots in the period when the national-conservative Law and Justice Party (PiS), which implemented sweeping changes to the composition and functioning of the judicial system. These interventions sparked strong reactions within the European Union, as their compatibility with the principles of judicial independence and the rule of law was called into question.

After taking office, Tusk attempted to reverse the previous reforms and restore, as he claims, the institutional independence of the courts. However, his initiatives met with resistance from Navrotski, who was backed by PiS and accuses the government of attempting to seize control of the judiciary for itself.

The confrontation culminated in the appointment of new constitutional court justices by the parliamentary majority and the president’s refusal to swear in some of them. This was followed by controversial swearing-in procedures and disputes over the new judges’ right to participate in the Constitutional Court’s proceedings.

Today’s developments are not an isolated incident, but the culmination of a conflict in which both sides dispute the legitimacy of the other’s actions.

The issue at stake is now who has the legal authority to administer the Constitutional Court and, ultimately, whether its decisions will be recognized by all state institutions.

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Source: PROTO THEMA