Polish president calls events at Constitutional Tribunal a “forcible takeover”

Polish president calls events at Constitutional Tribunal a “forcible takeover”

Photo: Getty Images

Polish President Karol Nawrocki has described overnight events at the Constitutional Tribunal as the forcible seizure of a constitutional state institution. He has demanded that security forces leave the building and called urgent consultations with parliamentary parties.

Nawrocki made the statement in remarks broadcast by Polish outlet Onet.

“Last night, public order in the Republic of Poland was violated, and a constitutional body of the state was forcibly seized,” the president said.

He added that Zbigniew Kapiński, the First President of the Supreme Court, also considers the actions of those whom Nawrocki accused of “usurping power” at the tribunal to be unlawful.

The president called for law and order to be restored and for security personnel deployed by the government to leave the tribunal’s premises. He also said he had helped the tribunal’s deputy president, Bartłomiej Sochański, whom he considers its legitimate deputy head, gain access to the building.

Citing a threat to the country’s internal security, Nawrocki called urgent consultations with representatives of parliamentary parties for October 31. He said the aim was to stabilize the political situation and restore constitutional order.

Following the president’s statement, Sochański left his office. He said he had been assured that Nawrocki was no longer in the building and described that information as deceptive.

Tribunal President Bogdan Święczkowski, who was denied entry, called the events a “coup d’état.”

Justice Minister and Prosecutor General Waldemar Żurek offered a different account, saying the president and his associates had left the building and that judges were now occupying it. He said the situation was stabilizing, described Nawrocki’s conduct as scandalous and expressed hope that prosecutors would respond. Interior Minister Marcin Kierwiński praised the police for preventing an escalation.

Meanwhile, lawmakers from the opposition Law and Justice party (PiS) said they feared that Zbigniew Bogucki, head of the President’s Chancellery, could be detained inside the building. Bogucki had entered the tribunal with Nawrocki.

Background to the dispute

Poland is effectively facing two rival groups of Constitutional Tribunal judges, each questioning the legitimacy of the other.

Most of the current judges were appointed when PiS was in power. Prime Minister Donald Tusk’s government, which took office in late 2023, argues that PiS turned the tribunal into a politically dependent institution and that some judicial appointments were unlawful. The government therefore does not recognize the tribunal’s rulings and has been seeking to change its composition.

The current Sejm has elected new judges. However, Nawrocki, who was backed by PiS, refused to swear in three of the six appointees, while Święczkowski prevented them from taking up their duties.

On the evening of October 30, judges from the newly elected group moved to remove Święczkowski and his deputy from their positions. Police subsequently blocked access to the tribunal building.

The president and opposition describe the events as a coup, while the government presents them as an effort to restore legality.

Control of the tribunal has significant implications for Tusk’s reform agenda because the court determines whether legislation complies with the Constitution.

During the night, Nawrocki forced his way into the tribunal building as clashes between protesters and police were taking place nearby.

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