Struggle for Constitutional Court Ignites Dispute Between Tusk and Polish President

Polish Prime Minister Donald Tusk called on National Conservative President Karol Nawrocki yesterday to recognize the judges elected by parliament in a bid to resolve the crisis surrounding the Constitutional Court, accusing him of choosing “confrontation.”

In a post on the X platform, Tusk said, “The president should recognize the judges legally elected by parliament, as stipulated by the constitution, and allow them to perform their duties at the court,” adding that this would resolve the crisis without amending the constitution.

Since returning to power in 2023, Tusk, who previously served as president of the European Council, has pledged to resolve the crisis linked to the opposition-controlled Constitutional Court. However, he has not yet succeeded; the head of state has not approved the new judicial appointments ratified by parliament, and is even obstructing them.

The prime minister argued that the president is still opting for “confrontation by force,” which could come at a heavy cost to Poland, while affirming that he would not give up.

The crisis concerning the Supreme Court dates back to 2015. Appointments to the highest judicial body have become highly politicized, undermining its independence. For weeks, Tusk’s government has been seeking to remove judges appointed by the previous government led by the Law and Justice party, which ruled the country between 2015 and 2023.

The crisis escalated sharply on Friday when riot police surrounded the court building to prevent access. The justice minister, who also serves as attorney general, demanded the lifting of immunity for the court’s president, appointed by Law and Justice, while a judge recently appointed by the parliamentary majority announced she would temporarily assume the role.

Following these developments, Nawrocki cut short a visit to Senegal and returned to Warsaw, holding emergency consultations on Saturday with representatives of political parties.

For her part, the European Commission urged Nawrocki to approve the new judges nominated by parliament, so that the court can function in accordance with the constitution and EU law, according to a spokesperson for the French Press Agency (AFP).

Meanwhile, Anna Korwin-Bujko, the acting president of the court—who is not recognized by former head of the body Bogdan Święcicki, nor by the national opposition or the president—called for a general session of the court today.