In Poland, the government and opposition have been waging a bitter dispute over the composition of the Constitutional Court for years. On Friday evening, the confrontation escalated with a courthouse surrounded by police forces. Both sides see themselves as being in the right.

A suspended judge, a constitutional court surrounded by police and a president who cancels his trip abroad. Last Friday, the dispute over the Polish Constitutional Court entered the next round. But how could this happen?

of PolandThe political landscape is shaped by the decisions of the right-wing conservative party Prawo i Sprawiedliwość (PiS, German Law and Justice), which was the country's government from 2015 to 2023. During its time in government, the party implemented a regressive line that was directed against, among other things, migrants and LGBTI+ people.

However, the PiS also used its eight-year government for a controversial judicial reform. The party then appointed judges to the Polish Constitutional Court. In this way, the government at the time secured a majority of judges close to them.

However, an alliance of liberal parties under Prime Minister Donald Tusk has been in office in Poland since 2023. Until now, the government had followed the instructions of theConstitutional Courtignored and ignored its decisions. This was justified by the illegitimacy of three judges appointed by PiS, as well as the PiS-affiliated chairman of the court Bogdan Świeczkowski.

Now the current Polish government has named eight new judges. These would shift the balance of power in the 15-member court significantly towards the current government.

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Fight for majority in court

Polish legislation stipulates that after new judges have been appointed by a majority in parliament, they must first be sworn in by the president. However, Poland's current president, the right-wing Karol Nawrocki, refused to swear in five of the eight new judges.

He explained that the judges were not suitable for the position and were elected purely for political reasons. When the five judges who were not sworn in by the president wanted to take up their duties, court president Bogdan Świeczkowski refused them access to the building.

Last Friday the situation escalated further. A new judge close to the government announced that she had suspended the presiding judge Świeczkowski and his deputy. The interim management of the court would therefore lie with a judge close to the government. Świeczkowski and the opposition close to him are now talking about a coup.

The police have secured the area around the courthouse in recent days. On Friday evening, some demonstrators from the right-wing camp and Świeczkowski himself tried to gain access to the building. Even after Friday, hundreds of demonstrators continued to gather in the region around the court.

Nawrocki gains entry

TheSuspension of thepresiding judgetook place while President Nawrocki was planning a state visit to Senegal. He canceled the trip to Senegal without further ado and forced his way into the court building on Friday evening, where he is said to have attacked the newly appointed judges.

Prime Minister TuskcondemnedNawrocki's actions were harsh and described him as an “aggressive thug”. Interference in the court would be a violation of the rule of law by the president, said Tusk.

On Saturday, President Nawrocki met with representatives from the government and opposition to discuss the current situation. The focus was primarily on members of the right wing of parliament. The government coalition and left-wing forces stayed away from the meeting. However, the concrete results of the talks have not yet been announced.

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EU welcomes government action

In response to the Polish government's actions, two of Poland's international ambassadors announced their resignations. It is no longer possible for them to represent Poland abroad in good conscience. The diplomats originally come from the environment of the former national-conservative PiS government.

The actions of the current Polish government are welcomed by the EU. The European Court of Justice had criticized the Polish Constitutional Court under the PiS government as not being independent. Alleged deficiencies in the appointment of judges resulted in significant fines for the Polish state and years of proceedings by the EU.

The European Commission announced this year that it would welcome the appointment of new constitutional judges by the current government. Because the many currently vacant places have so far violated EU law and would have restricted the court's ability to act. Tusk's government is close to the EU and its institutions, while Poland's right-wing nationalist opposition is more critical of the EU.

Tusk himself called the government's actions a necessary step to restore democracy and the rule of law. However, Tusk's government has no legal basis for suspending the court president.

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Mutual political blockades

Since Tusk and the current Polish government took office in 2023, they have been trying to reverse the laws of the PiS, which previously ruled for eight years - including the judicial reform. But he often fails because of the veto of Polish President Karol Nawrocki. Nawrocki uses vetoes like thisfrequentlylike no other Polish president before.

The government does not have sufficient majorities in parliament to override presidential vetoes. Both sides therefore repeatedly block each other in political decision-making and a stalemate arises. A citizens' initiative accuses Nawrocki of being the Polish stateMillions of dollarsto have cost.

There is supposed to be one tomorrow, Tuesdaygeneral assemblyof all judges of the Constitutional Court. The aim is to restore the court's ability to act. The exit is open.

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