Tusk Moves to Suspend Constitutional Tribunal President as Warsaw Protests

Prime Minister Donald Tusk’s administration has suspended Bogdan Święczkowski, the president of Poland’s Constitutional Tribunal. The decision was announced on the court’s website on Friday evening. Tusk stated that the government will continue its work to restore the independence of the judiciary despite ongoing protests.

The suspension follows a confrontation at the tribunal building on Friday night. President Karol Nawrocki, who opposes the current pro-European government, returned from a trip to Senegal to be in Warsaw. He entered the tribunal and stated that he helped the suspended court president gain access to the building. Police detained three protesters after they threw objects at officers and attempted to breach the security fence.

Tusk defended the suspension in a post on X on Friday evening. He called restoring the rule of law the government’s obligation. He described the process as difficult and painful, noting that decisive action is required after years of what he termed lawlessness under the previous PiS government. Tusk previously pledged to ensure the tribunal is staffed by lawfully appointed judges, even if his methods are unpopular.

Critics from the opposition have reacted sharply. Marcin Przydacz, a top aide to President Nawrocki, called the situation a massive constitutional crisis. He described the suspension as an illegal and forceful attempt to take over a key institution. Przydacz said the president invited all parliamentary parties to talks on Saturday to defuse tensions, though Tusk did not attend the meeting.

The dispute has intensified political polarization in Poland with one year remaining before the next parliamentary election. The current government is a coalition of Tusk’s Civic Coalition, the Left, Poland 2050, and the Polish People’s Party. Nawrocki’s camp hopes the crisis will weaken Tusk’s parliamentary majority. Przydacz noted that the stability of the government depends on the continued support of these coalition partners.

The Constitutional Tribunal has faced long-standing legal challenges. The Court of Justice of the European Union previously ruled that the court was no longer impartial following judicial appointments made by the PiS party between 2015 and 2023. PiS is accused by critics in Poland and the European Union of using the judiciary to maintain political control. EU fines were imposed on Poland due to reforms introduced during the PiS tenure.

Tusk took office in 2023 with the goal of reforming the judiciary. His efforts have faced vetoes from two successive presidents aligned with PiS, including Nawrocki. The government asserts that Święczkowski, who was appointed under the PiS government, repeatedly broke the law. Tusk accused Święczkowski of blocking judges elected by the parliamentary majority from taking their posts.

Speaking on Saturday night, Tusk compared the PiS party to a thief who steals a purse and then claims to be the victim when police retrieve it. He said the PiS response to the suspension, including the attempt to force entry into the tribunal, represented another stage in the destruction of the rule of law. Protests continued for a second night outside the court building.