Polish president returns to Warsaw as tribunal leadership dispute escalates

Amid an escalating conflict over who should lead the Constitutional Tribunal, Polish President Karol Nawrocki cut short a visit to Senegal and went back to Warsaw, The Kyiv Independent reported on Oct. 30. By Oct. 31, he had called urgent talks with party representatives, citing a threat to internal security, according to The Straits Times.¹³

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Competing claims to authority

The confrontation centres on the suspension of tribunal president Bogdan Święczkowski and the authority of Anna Korwin-Piotrowska to lead the institution. The Jerusalem Post reported on Nov. 1 that Korwin-Piotrowska had suspended him and assumed control. The court's official X account, however, maintained that Święczkowski remained in office, according to The Straits Times.¹²

Korwin-Piotrowska was elected to the tribunal by the current parliamentary majority, but her appointment remains contested, The Kyiv Independent reported. The court's X account said she could not serve as interim leader because the president had not sworn her in. She said Święczkowski's suspension was necessary to restore the rule of law, according to The Straits Times.¹³

Prime Minister Donald Tusk said the tribunal would operate independently and in accordance with the constitution. He also said the executive was responsible for ensuring its security and ability to work, The Jerusalem Post reported. Nawrocki, by contrast, alleged that a constitutional institution had been taken over by force.²

Justice minister and prosecutor general Waldemar Żurek submitted five applications to remove judicial immunity, according to The Kyiv Independent: four concerning Święczkowski and one concerning his deputy, Bartłomiej Sochański. The outlet also reported Sochański's suspension. Tribunal leaders rejected the suspensions and alleged an unlawful takeover of the institution's website.³

Protests outside the court

Riot police guarded the tribunal while several hundred demonstrators called for Święczkowski to be reinstated, The Jerusalem Post reported. The Kyiv Independent said protesters threw objects at police and broke through a perimeter fence. Police reported three arrests, according to The Straits Times.¹²³

Nawrocki demanded that police leave the court, saying the constitutional order had been violated, The Straits Times reported. Supporters of the opposition Law and Justice party described the government's actions as an attempt to take control of the institution. US ambassador Tom Rose urged all sides to avoid conduct that could trigger violence or further escalation.¹

An unresolved appointments dispute

The Jerusalem Post described an institution effectively paralysed by rival camps rejecting each other's judicial appointments. It reported that Nawrocki had refused to swear in three of six parliamentary nominees, while Święczkowski had declined to seat judges chosen by the current parliamentary majority.²

Tusk's coalition pledged judicial reform and a restoration of the rule of law when it took office in 2023, according to The Jerusalem Post. The outlet said the European Union had accused its Law and Justice predecessors of undermining the rule of law. Tusk has described restoring it as his government's duty.¹²

Korwin-Piotrowska called a general assembly of tribunal judges for Nov. 3, The Kyiv Independent reported. The meeting was announced against the backdrop of continuing disagreement over both the tribunal's membership and who could exercise its leadership.¹²³