Protests outside Poland’s constitutional court: What’s the crisis about?
Riot police have been deployed outside Poland’s Constitutional Tribunal in Warsaw after judges elected by the current parliamentary majority announced the suspension of the tribunal’s president, Bogdan Swieczkowski, and his deputy, Bartlomiej Sochanski.
The confrontation pits Prime Minister Donald Tusk’s government against the nationalist opposition, with the dispute over who should serve on the court escalating into a direct political clash.
The suspension of the tribunal’s leadership by judges elected by the current parliamentary majority has triggered a crisis, prompting President Karol Nawrocki to abandon a trip to Senegal and return to Poland.
Three people were arrested after attempting to enter the court complex, and hundreds of protesters gathered outside the Warsaw building on Friday night.
Historical context of the conflict
The current fight over the tribunal’s composition can be traced back to 2015, during the transfer of power from a centrist government led by Tusk’s Civic Platform party to the far-right PiS.
The outgoing parliament elected five judges, although Poland’s Constitutional Tribunal subsequently found that only three of those appointments had a valid legal basis.
The incoming PiS majority then elected replacements, including for the three seats already lawfully filled, with then-President Andrzej Duda refusing to swear in the three validly elected judges.
“It was a power play to control who serves as a justice, in what positions, and how the court system operates in Poland.”
During its eight years in government, PiS introduced broader judicial changes that critics said brought the courts under greater political influence.
The European Court of Human Rights ruled in 2021 that an improperly appointed judge’s participation deprived a company of its right to a tribunal established by law.
In December 2025, the EU’s highest court ruled that the tribunal had not met the requirements of an independent court and found that its judgements challenging the authority of EU law breached Poland’s obligations as a member state.
Tusk's government and the rule of law
Tusk returned to office as prime minister in December 2023 promising to restore judicial independence, and his government has refused to recognise the tribunal’s legitimacy in its existing form.
“Many supporters of the centrist governing camp have grown disappointed by the lack of progress in restoring the rule of law since 2023, partly constrained by the prospect of losing the 2025 presidential election.”
His government has been attempting to disregard the tribunal’s rulings, a move that critics argue has failed to fully restore the rule of law.
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