Polish police move onto Constitutional Court grounds; opposition alleges coup

Police officers are deployed in front of the building of the Polish Constitutional Court in Warsaw. Source: Radek Pietruszka/PAP/dpa

The conflict over Poland's Constitutional Court has escalated. The opposition is speaking of a coup d'état. Three people were arrested at the court, and President Karol Nawrocki is returning early from his trip to Africa.

Police Operation at the Constitutional Court

The power struggle between the government and the Constitutional Court in Poland has escalated dramatically. On Friday, numerous police forces moved onto the grounds of the Constitutional Court in Warsaw. The opposition is speaking of a coup, with PiS leader Jarosław Kaczyński warning of the establishment of a police state. President Karol Nawrocki has meanwhile cut short a foreign trip to Africa due to the events. Prime Minister Donald Tusk, by contrast, stressed that the rule of law must be restored.

Dispute Over Court Leadership as Trigger

The trigger for the escalation is a dispute over the leadership of the Constitutional Court. On Friday, a notice was published on the court's website stating that the exercise of office by Court President Bogdan Święczkowski and his deputy Bartłomiej Sochański would be suspended for one month. The decision is said to have been made by Judge Anna Korwin-Piotrowska, who is currently entrusted with leading the court.

A man attempts to saw through an entrance gate to the grounds of the Polish Constitutional Court. Source: Radek Pietruszka/PAP/dpa

However, the previous court leadership immediately rejected the notice. On the court's official X account, there was talk of an unlawful takeover of the website. Święczkowski remained president, and Sochański his deputy. At the same time, Korwin-Piotrowska's status as a constitutional judge was called into question. Those responsible for the publication were accused of a coup.

Police Cite Security Concerns

At the same time, a police operation took place at the Constitutional Court, which the investigating authority justified with a hazard report. Both Prosecutor General Waldemar Żurek and Korwin-Piotrowska had reportedly alerted the security authorities to possible dangers for judges and staff as well as impending disruptions to public order.

The police emphasized that they were acting within the framework of their legal powers and while respecting the independence of the court. Contrary to initial reports, the officers stated they were not inside the court building. Three people were arrested after they had entered the grounds over a fence. Objects were also reportedly thrown at police officers.

PiS leader Kaczyński described the action as an "attack on the Constitutional Court." Poland was increasingly developing into a police state, the PiS chairman warned.

President Nawrocki announced his return on X during his flight to Senegal: "At such a moment, the president must be in Poland. I am aborting the flight to Senegal. I am returning."

Government, President and Opposition at Odds Over the Court

The escalation is rooted in a years-long conflict over the composition of the Constitutional Court. The right-wing conservative PiS, which governed the country from 2015 to 2023, had filled the court with judges politically close to it. The European Court of Justice (ECJ) at the time found that the Polish Constitutional Court could not be regarded as independent and impartial due to serious deficiencies in the appointment of its judges and its then-president.

Constitutional Court President Bogdan Święczkowski stands in front of the gate to the grounds of the Polish Constitutional Court in Warsaw. Source: Radek Pietruszka/PAP/dpa

After Tusk's center-left alliance took over the government following the 2023 parliamentary election, the new government announced it would reverse the controversial changes to the justice system introduced by the PiS government.

However, this process is progressing only slowly. This is also due to President Nawrocki, who is close to PiS and repeatedly obstructs Tusk's government. In recent months, Nawrocki had refused to swear in five constitutional judges nominated by parliament. When these judges instead took their oath of office before parliament, the court president—nominated during the PiS era—denied them access to the building.

Meeting of All Constitutional Judges Planned

Among the newly nominated constitutional judges whom Nawrocki refused to swear in was the jurist Anna Korwin-Piotrowska. She now explained on the TVP broadcaster that the previous Constitutional Court president had rendered the court incapable of acting by not admitting the new judges. As the most senior in service, she had therefore convened a meeting of all constitutional judges for November 3.

Prime Minister Tusk emphasized on X that restoring the rule of law was an obligation for his government. "After years of lawlessness under the PiS government, this is a difficult, sometimes painful process that requires decisive action. There is no other way."

dpa/saha