Nawrocki accuses Tusk of illegal power grab in Constitutional Tribunal dispute

Accusation and response

The accusation deepened a crisis that escalated with the tribunal's 30 October suspension of its president and deputy. The standoff centres on whether five judges elected by parliament can take their seats. Marcin Przydacz, head of the International Policy Bureau in Nawrocki's office, told European TV on 2 November that even lawyers close to the Tusk government saw no legal basis for the actions, Fox News reported. At least three Polish ambassadors resigned in protest, Fox News reported: the envoys to China and Romania resigned over the weekend, and Krzysztof Szczerski, Poland's representative at the UN since 2021, followed on Monday.

Tusk said no one, not even the president, had the right to issue orders to judges or intimidate them, UA.News reported. He blamed the crisis on PiS and Nawrocki and said restoring the rule of law was a difficult process that required decisive action. The government says the tribunal's existing leadership obstructed the seating of judges approved by parliament, Yahoo News reported.

The 30 October suspension

Judge Anna Korwin-Piotrowska suspended tribunal president Bogdan Święczkowski and deputy Bartłomiej Sokhansky on the evening of 30 October, UA.News reported. She said they had blocked five newly elected judges from taking their seats and refused to convene a general assembly of judges to approve the budget. Tusk's government supported the suspension, 24 Channel reported. Nawrocki does not recognise Korwin-Piotrowska as a tribunal judge, UA.News reported.

The tribunal's official X account, controlled by the former leadership, called the move an "illegal takeover," UA.News reported. Bogucki called it a "coup d'état," according to 300Polityka. Nawrocki was flying to Senegal when the news broke. He ordered the aircraft to turn around, reached the court building in the middle of the night and had a heated exchange with Korwin-Piotrowska, UA.News reported. The next day he spoke of a violation of the constitutional order and a violent seizure of a state body. He convened emergency consultations with the leaders of the parliamentary factions.

Police detained three people after clashes outside the court, Fox News reported, while Yahoo News reported four detentions and said riot police reinforced security at the building on Saturday.

How the dispute built

The dispute dates back more than a decade and centres on political appointments to the top court by Law and Justice (PiS), which governed until 2023, Politico reported. After PiS took power in 2015, it brought the courts under political control, described the move as a judicial reform and filled the tribunal with loyal judges, DW reported. Tusk's centre-left government, in office since December 2023, said restoring the rule of law was a key aim. It has refused to recognise the tribunal's legitimacy and ignored its rulings, Notes from Poland reported.

Nawrocki, elected in 2025 with PiS support, became Tusk's key political opponent, 24 Channel reported. Święczkowski, appointed under PiS, has refused to recognise new judges and barred them from hearing cases, Notes from Poland reported. In 2025 the European Court of Justice ruled that the tribunal had violated fundamental principles of EU law and did not meet the requirements of an independent and impartial court, DW reported. Brussels had already accused Warsaw of breaching the rule of law, imposed fines and blocked funds, 24 Channel reported.

The judge at the centre

Maciej Berek, a 54-year-old lawyer and minister in Tusk's government, took his oath as a tribunal judge in parliament on 14 October without Nawrocki present, Notes from Poland reported. He was the fifth judge to swear the oath without presidential approval; the previous four were denied entry to the tribunal. Nawrocki said Berek had not shown he met the statutory requirement of 10 years as a legal counsel, and objected to his move from the cabinet to the bench. Berek said he had met the requirement. Święczkowski refused to assign Berek a position and blocked him from the bench; Berek filed a criminal complaint accusing him of violating his physical integrity, DW reported.

The Venice Commission, an advisory body to the Council of Europe, issued an opinion a day before the oath. It found that the president should swear in judges chosen by parliament without delay and had no power to review their election. A judge whose oath the president refuses to receive may take it without him present, the commission said, according to Notes from Poland. Nawrocki's spokesman, Rafał Leśkiewicz, said the commission's opinions are advisory and not legally binding.

With Berek, the governing coalition has eight votes in the 15-member tribunal, DW reported. A two-thirds majority is required to convene a plenary session, according to Gazeta Wyborcza.

What happens next

Former Prime Minister Mateusz Morawiecki, now a member of the Sejm, said he would initiate a vote of no confidence in Tusk's government, UA.News reported. Tusk said on 2 November that the conflict's resolution was simple and possible without constitutional changes, 300Polityka reported. He said the president should recognise the judges legally elected by parliament, Fox News reported. Separately, Interia reported, citing Rzeczpospolita, that Tusk was exploring a referendum on constitutional amendments and a broader constitutional discussion; the Presidential Chancellery told Interia that Nawrocki has never announced a refusal to administer the oath to judges elected by the Sejm.

Parliamentary elections are due in 2027, Fox News reported.