Polish court suspends its president as Tusk presses tribunal overhaul

The tribunal announced Bogdan Święczkowski's suspension on its website on Friday evening, shortly before hundreds of protesters gathered outside the building for a second night. Police said they detained three people after some threw objects at officers and tried to break through the security fence around the court. The government says the suspension is necessary to restore judicial independence; opposition critics have likened it to a "coup d'etat." Protesters included Law and Justice (PiS) leader Jarosław Kaczyński and far-right politicians.

President Karol Nawrocki turned back his plane during a flight to Senegal on Friday evening and returned home. On Friday night he went to the tribunal and said he helped the suspended court president enter the building. Marcin Przydacz, a top aide to Nawrocki, told the Associated Press that Poland faced "a massive constitutional crisis" and an "illegal, forceful attempt to take over an important institution." Przydacz said the president had invited all parliamentary parties to talks on Saturday to defuse tensions.

The government is a broad coalition of Tusk's centrist Civic Coalition, the Left, Poland 2050 and the Polish People's Party (PSL). Representatives of Poland 2050 and PSL, along with several opposition parties, met with Nawrocki on Saturday; Tusk did not attend. The president's camp is hoping the crisis will erode Tusk's parliamentary majority. "Everything depends on those political parties who supported Donald Tusk so far," Przydacz said.

The court dispute

The dispute dates to changes PiS made to the tribunal while in government from 2015 to 2023. The Court of Justice of the European Union later said the tribunal was no longer an impartial court after PiS appointments, and reforms under that government prompted the EU to impose fines on Poland.

Tusk's government, which took power in 2023, has pledged to restore judicial independence. It says Święczkowski repeatedly broke the law and jeopardized the tribunal's work, and Tusk has accused him of blocking judges elected by the parliamentary majority from taking up their posts. Tusk had pledged to ensure the tribunal was again staffed with lawfully appointed judges, while acknowledging that his methods may not be to everyone's liking.

Tusk wrote on X on Friday evening: "Restoring the rule of law is our obligation. After years of lawlessness under PiS this is a difficult process, sometimes painful and it requires decisive action. There is no other way."

Why the vetoes matter

Efforts by Tusk's government to restore the judiciary have been blocked by vetoes from two successive presidents aligned with PiS, including Nawrocki. The government lacks the three-fifths parliamentary majority needed to override a presidential veto, according to Notes From Poland. Nawrocki issued 23 vetoes in his first six months in office, while only one of his 17 legislative initiatives passed parliament, Balkan Insight reported.

The government insists the court must be overhauled to restore the rule of law and conform with EU norms on impartiality, POLITICO reported.

What happens next

Parliamentary elections are due in autumn 2027. Speaking on Saturday night, Tusk compared PiS to a man who steals an elderly woman's purse and then claims to be the victim when police catch him and take it back. PiS's response to the suspension, including attempts to force entry to the tribunal on Friday, represented "another stage in the process of destroying the rule of law in Poland" by PiS and the president, Tusk said.