Poland’s constitutional court crisis has moved from procedural trench warfare to presidential emergency talks, which is usually a sign that the paperwork has started threatening the rest of the state.
According to Al Jazeera, President Karol Nawrocki gathered political leaders at the presidential palace after the sudden suspension of Constitutional Tribunal chief judge Bogdan Swieczkowski deepened a long-running fight over the court’s independence. Prime Minister Donald Tusk’s Civic Coalition did not attend. Representatives from nationalist, far-right and some governing coalition parties did.
The legal hinge is plain enough once the robes are removed. Poland’s Constitutional Tribunal decides whether laws and state actions comply with the constitution. Control that court, and you gain leverage over legislation, appointments and the boundaries of executive power. This dispute is not about etiquette. It is about who gets to certify legality in Poland.
Swieczkowski, appointed during the 2015-2023 Law and Justice government, was accused of using his authority to block parliament from electing new judges, Al Jazeera reported. Tusk has argued that the tribunal’s judges are not politically neutral and that removing Swieczkowski was necessary to restore the rule of law after what he says was years of court politicisation under Law and Justice. Those are allegations and political claims, not a final judicial finding.
The other side is using language calibrated for maximum constitutional alarm. The tribunal’s official X account described the government’s move as a “coup d’etat”. Nawrocki said he called the consultations because of a threat to Poland’s internal security. When institutions start describing each other in insurrectionary terms, they are usually also fighting over something more durable than a headline: authority.
That matters beyond the personalities. One of Tusk’s core objections to the tribunal has been its readiness, under judges aligned with Law and Justice, to favor Polish legislation over European Union law. That turns a domestic court struggle into a jurisdictional problem for Brussels as well as Warsaw. Al Jazeera reported that the European Commission urged Nawrocki to accept nominations of new judges at the center of the dispute.
Nawrocki has also blocked nominations to the court, according to Al Jazeera, which makes his role less that of a neutral fire marshal than a constitutional actor with his own hand on the door. Outside the court, supporters of Law and Justice have continued demonstrations backing judges seen as friendly to the party. Poland is not arguing about whether courts matter. It is arguing over which court counts, and who gets to stock it.
Alex de Valletta
Dua Mifsud