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Polish court chief suspended as police secure constitutional tribunal

Polish court chief suspended as police secure constitutional tribunal

Rule Changes

A judge barred from hearing cases ousted the tribunal's PiS-appointed leadership, and the president forced his way into the building

Today: Nawrocki forces entry into the court

Overview

Updated 1 hour ago

A judge barred from hearing cases suspended the president of Poland's Constitutional Tribunal on Oct. 30 and announced she was taking charge. Police secured the building in Warsaw after protesters threw objects; three people were detained after climbing the court's fence.

The tribunal rejected the suspension and called the move a coup. President Karol Nawrocki cut short a trip to Senegal and forced his way through a police cordon into the building. Two rival claims to the same court now exist, and the court's power to strike down legislation is what is at stake.

Why it matters

Poland now has two competing claims to its top court, the body that can void laws and decides whether EU rulings bind Warsaw.

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Key Indicators

1
Month-long suspension
The suspension Korwin-Piotrowska ordered for Święczkowski and his deputy.
5
Judges not sworn in
Judges elected by parliament since March whom Nawrocki has refused to swear in.
50
Volumes of case files
Submitted by Justice Minister Żurek alongside requests to lift the two officials' immunity.
3
People detained
Detained after climbing over the court's fence during the protests.

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People Involved

Bogdan Święczkowski
Bogdan Święczkowski
President of the Constitutional Tribunal
Suspended for a month; rejects the suspension and remains inside the court
 Anna Korwin-Piotrowska
Anna Korwin-Piotrowska
Constitutional Tribunal judge; acting head
Claims temporary charge of the tribunal
 Karol Nawrocki
Karol Nawrocki
President of Poland
Backs the suspended tribunal leadership; entered the building through a police cordon
 Donald Tusk
Donald Tusk
Prime Minister of Poland
In office; pursuing the court's reconstitution
 Waldemar Żurek
Waldemar Żurek
Minister of Justice and Prosecutor General
Seeking criminal charges against the tribunal's leadership

Organizations Involved

Constitutional Tribunal of Poland
Constitutional Tribunal of Poland
Constitutional court
Split between two competing claims of leadership

Poland's top court, with power to strike down legislation.
Law and Justice (PiS)
Law and Justice (PiS)
Political party
Opposition; aligned with President Nawrocki

The nationalist party that governed Poland from 2015 to 2023 and reshaped the courts.

Timeline

November 2015 October 2026

6 events Latest: Today
Tap a bar to jump to that date

  1. Nawrocki forces entry into the court

    Today Politics

    The president pushes through a police cordon and remains inside the building before dawn.

  2. Tribunal chief suspended; police deployed

    Legal

    Korwin-Piotrowska suspends Święczkowski and Sochański. Police secure the building after protests; three are detained.

  3. Venice Commission urges swearing-in

    Statement

    The Council of Europe's advisory body says Nawrocki should swear in the judges.

  4. Parliament elects five tribunal judges

    Legal

    Nawrocki refuses to swear them in, citing alleged flaws in the selection procedure.

  5. Tusk government takes office

    Politics

    The pro-European coalition promises to restore judicial independence.

  6. Law and Justice takes office

    Politics

    The incoming PiS government moves quickly to appoint judges to the Constitutional Tribunal.

Scenarios

1

Suspension holds, tribunal reconstituted

Possible Resolves by Q2 2027

Discussed by: Justice Minister Waldemar Żurek and the Tusk government

If Korwin-Piotrowska's orders survive legal challenge and the five unsworn judges take seats, the tribunal would have a working majority of judges elected since March. The government could resume publishing rulings and align with EU court decisions. The trigger is a ruling upholding the suspension or Nawrocki reversing his refusal to swear the judges in.

2

Dual authority persists into 2027

Likely Resolves by Q1 2027

Discussed by: POLITICO and legal analysts covering the dispute

Neither side yields. Święczkowski and Sochański reject the suspension, Nawrocki backs them, and the court splits into competing claims. Immunity requests stall, cases pile up, and the tribunal issues no rulings. This outcome requires only that both sides keep their positions and no court resolves the leadership question.

3

Criminal charges filed against tribunal leadership

Uncertain Resolves by Q3 2027

Discussed by: Prosecutor General Żurek's office

Żurek has submitted five requests, backed by 50 volumes of case files, to lift the immunity of Święczkowski and Sochański. If parliament or a court grants the requests, prosecutors could charge them with failing to fulfil their duties. This depends on the immunity process moving forward despite the leadership dispute.

4

Standoff pushes Poland toward early elections

Unlikely Resolves by End of 2027

Discussed by: Polish political commentators

If the confrontation blocks legislation and the president keeps vetoing the government's judicial bills, Tusk could seek a confidence vote or call early elections to break the deadlock. That requires the dispute to spread beyond the court into the government's broader agenda.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

Late 2015 to 2016

Poland's first tribunal crisis (2015-2016)

The incoming Law and Justice government refused to seat judges elected by the previous parliament and passed laws changing how the tribunal operated. The court's ability to review legislation was effectively frozen.

Then

The dispute paralysed the tribunal and set off a multi-year confrontation with the European Commission.

Now

European courts later ruled the tribunal was no longer independent, a finding the current government now uses against it.

Why this matters now

The same blocking manoeuvre is now being used in reverse, by judges elected under the current majority against PiS appointees.

2010 to 2013

Hungary's constitutional court overhaul (2010-2013)

After winning a two-thirds majority, Fidesz rewrote the constitution and changed the constitutional court's composition and jurisdiction, expanding the number of justices.

Then

The government filled the new seats with sympathetic jurists and removed the court as an obstacle to its legislation.

Now

The court stopped blocking major government bills, and Hungary's dispute with EU institutions over judicial independence persisted for years.

Why this matters now

Shows how a parliamentary supermajority can reshape a constitutional court, and how difficult that is to reverse once done.

February to July 1937

Franklin Roosevelt's court-packing plan (1937)

After the Supreme Court struck down several New Deal laws, Roosevelt proposed adding a new justice for each sitting justice over age 70, up to 15 seats.

Then

The Senate Judiciary Committee rejected the plan, though the court soon began upholding New Deal legislation.

Now

The episode became the standard example of the political cost of openly reshaping a high court.

Why this matters now

Poland's government is attempting a court reconstitution through judicial appointments and suspensions rather than new seats, a less visible route with its own political risks.

Sources

(6)
Al Jazeera BBC News The Guardian POLITICO NBC News Anadolu Agency