Tensions surrounding Poland’s Constitutional Tribunal have escalated once again. Judge Anna Korwin-Piotrowska requested that police clear the area in front of the court’s headquarters in Warsaw, where opponents of recent changes to the court’s leadership have been camped out for several weeks. However, the police refused to intervene, explaining that the protest is legal and its organization has been approved by city authorities.
The dispute is set against the backdrop of a broader conflict between Prime Minister Donald Tusk’s government and President Karol Nawrocki. Both sides accuse each other of violating constitutional norms and disagree on who has the legal right to appoint and lead the Constitutional Tribunal.
Judge Demands Free Access to the Tribunal
Anna Korwin-Piotrowska addressed the National Police Headquarters with a request for police to ensure unhindered access for judges and staff to the Constitutional Tribunal building.
According to her statement, the demonstrators are hampering the functioning of the institution. In front of the building there is a tent camp, a makeshift stage, and other installations, which she claims obstruct pedestrian and vehicle access to the main entrance.
Police did not comply with the request. Police spokesperson Monika Matyjewicz explained that law enforcement’s role is to maintain public order at gatherings and to respond in the event of violations or crimes.
She emphasized that the demonstration is legal and its organization was coordinated with Warsaw city officials. Any technical issues related to the protest should therefore be resolved by its organizers in cooperation with the city authorities.
Tent Encampment Supports Previous Court Leadership
Protesters have been gathering outside the Constitutional Tribunal for several weeks. According to their own statements, they aim to protect the institution from what they describe as an illegal takeover.
Their opposition is primarily directed at the new judges elected by the current parliamentary majority. Polish President Karol Nawrocki has refused to accept the oath of office from some of them, sparking another dispute about the legality of their positions and their ability to perform their duties.
The situation escalated after the newly elected judges, despite resistance from the outgoing leadership, managed to enter the tribunal building. On the evening of Friday, October 30, they accessed the tribunal by crossing land adjoining the Government Office.
Jan Grabiec, the head of the Prime Minister’s Office, confirmed to TVN24 that he enabled their passage through the government compound. This move further deepened the rift between opposing groups of judges and political leaders.
Police Refuse to Clear Legal Assembly
The police decision comes in light of events in the preceding days. Law enforcement had already been present near the tribunal, securing order during incidents that occurred on Friday.
In an official statement, Polish police said that their officers were stationed in external areas, and their role was to protect public safety and order. They also reported incidents during which assembly participants allegedly threw dangerous objects at officers.
Three individuals were detained for allegedly climbing over fences and unlawfully entering the tribunal premises. Police said that the case is being investigated on suspicion of trespassing on protected premises.
Police stress that their interventions are aimed at securing public space and protecting individuals, not at determining which group of judges holds authority within the institution.
Judicial Dispute Grows into Constitutional Crisis
The conflict is not limited to protests outside the tribunal. Its essence is the question of who has the right to appoint judges and lead the Constitutional Tribunal.
The current governing coalition led by Prime Minister Tusk is pushing for changes described as restoring judicial independence after the previous rule of the Law and Justice party (PiS). President Nawrocki, who has ties to the opposition, questions the legality of some actions taken by the government and parliamentary majority.
Parliament has elected new judges, but the President refused to accept oaths from some of them. The newly elected judges therefore took their oath in parliament and attempted to assume their posts. The prior leadership of the tribunal, however, refused to allow them to take up their roles.
This differing interpretation of constitutional rules has led both sides to consider their own actions justified, while accusing the other of acting illegally.
The start of this crisis, President Nawrocki’s return from a work trip, and emergency talks with political leaders were also covered in the article “Poland Faces Constitutional Crisis: Nawrocki Calls Emergency Talks as Court Dispute Escalates.”
Tusk and Nawrocki Trade Accusations
Prime Minister Donald Tusk defends the government’s actions as efforts to restore judicial function and strengthen judicial independence. The opposition and the president, however, argue that the government is overstepping its powers and interfering with the court’s functioning.
Nawrocki even interrupted a visit to Senegal to return to Poland and personally address the situation, calling recent developments a serious violation of constitutional order.
The US news agency AP points out that the dispute is part of a prolonged political struggle over control of Poland’s judiciary. Its roots stretch back to PiS-led judicial reforms from 2015 to 2023, which were heavily criticized by domestic organizations and European Union institutions over concerns about political interference in the courts.
What Happens Next?
The situation around the Constitutional Tribunal remains unresolved. Police currently have no plans to remove protesters, viewing the demonstration as legal. Judge Korwin-Piotrowska continues to demand access for employees and judges to the building.
Any further developments will depend on whether political leaders and judges can reach a solution regarding the legitimacy of the tribunal’s leadership and the standing of the newly elected judges.
The case also demonstrates that the conflict over judicial independence in Poland is far from over, even after the change in government. Instead, it has entered a new phase where legal disputes are intertwining with political decisions and street protests in Warsaw.
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– Poland Faces Constitutional Crisis: Nawrocki Calls Emergency Talks as Court Dispute Escalates
This article was translated from the original Slovak version with the assistance of AI.
