Poland's PM Defends Suspension of Top Judge Amid Protests

Prime Minister Donald Tusk stated on Saturday that his government would proceed with efforts to reinstate the independence of Poland’s Constitutional Tribunal, as hundreds of protesters gathered for a second night in opposition to the suspension of the court’s president. The pro-European government contends the suspension is a necessary step to restore judicial independence, while critics from the opposition have labeled it a “coup d’etat.”

President Andrzej Duda, who opposes the pro-European government, returned to Poland on Friday evening and made his way to the Constitutional Tribunal, where he reportedly assisted the suspended court president in entering the building. Police reported detaining three protesters on Friday night after some individuals threw objects at officers and attempted to breach a security fence around the court.

The dispute over the Constitutional Tribunal, a long-standing point of contention, is expected to intensify political polarization in Poland. This conflict comes a year before a parliamentary election and further deepens the standoff between the current pro-European government and the national-conservative opposition party Law and Justice (PiS), which governed from 2015 to 2023.

Critics within Poland and the European Union accuse PiS of exerting political control over key judicial institutions during its tenure. Reforms enacted under the PiS government previously led the EU to impose fines on Poland.

Tusk’s government, which assumed power in 2023, pledged to restore judicial independence. However, these efforts have been obstructed by vetoes from successive presidents aligned with PiS. 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.”

Earlier, Tusk had indicated his government would ensure the tribunal was staffed with lawfully appointed judges, acknowledging that his methods might not be universally accepted. The Constitutional Tribunal’s functioning has been impaired for years, with the Court of Justice of the European Union deeming it no longer an impartial court following PiS appointments. Even after Tusk's government took power, efforts to rebalance the court were hampered by the president and the tribunal's then-president, Bogdan Święczkowski.

On Friday evening, the Constitutional Tribunal’s website announced the suspension of Święczkowski. Shortly thereafter, protesters, including PiS leader Jarosław Kaczyński and far-right politicians, began rallying outside the building.

The government asserts that Święczkowski repeatedly violated the law and jeopardized the tribunal’s operations. Święczkowski had become head of the court under the previous PiS government. Tusk accused him of preventing judges elected by the parliamentary majority from assuming their positions at the tribunal.

Marcin Przydacz, a senior aide to the Polish president, described the situation as a “massive constitutional crisis in Poland, the result of an illegal, forceful attempt to take over an important institution.” Przydacz stated that the president had invited all parliamentary parties to discussions on Saturday in an effort to de-escalate tensions and resolve the crisis.

The current government is a coalition comprising Tusk’s centrist Civic Coalition, the Left, and two more conservative parties, Poland 2050 and the Polish People's Party (PSL). Representatives from Poland 2050 and PSL, along with several opposition parties, met with President Duda on Saturday, though Tusk did not attend.

President Duda's camp is reportedly hoping that the crisis surrounding the Constitutional Tribunal will weaken Tusk’s parliamentary majority. Przydacz commented, “Everything depends on those political parties who supported Donald Tusk so far.”

Tusk drew a parallel between PiS and an individual who steals a purse and then claims victimhood when apprehended. He characterized PiS's reaction to Święczkowski’s suspension, including the attempts to enter the tribunal on Friday, as “another stage in the process of destroying the rule of law in Poland” by PiS and the president.