Riot police were locked in a tense standoff with protesters outside Polandâs constitutional court on Friday night after its top judge was suspended in the latest escalation in a decade-long dispute over the courtâs legal status.The clashes followed a controversial decision by a group of government-appointed judges to suspend the courtâs contested president, Bogdan ĆwiÄczkowski, and his deputy, BartĆomiej SochaĆski, amid disagreements over the benchâs legitimacy.The move prompted a furious reaction from the rightwing opposition Law and Justice (PiS) party, with its leader, JarosĆaw KaczyĆski, condemning what he claimed was an âassaultâ on the court.The court frequently ruled in favour of Polish legislation over EU law and the European Union accused Polandâs highest court of being too close to the nationalist political power of the time.The PiS-backed conservative president, Karol Nawrocki, a close ally of Donald Trump, turned his plane around en route to a state visit in Senegal to return to Warsaw and intervene at the court on Friday night.Hundreds of protesters â including opposition MPs â gathered outside the building to show their support for the suspended judges. Three people were reportedly arrested for trying to force entry through a heavy police presence.Shortly before 1am on Saturday, Nawrocki appeared outside the court and made his way through the police cordon, with one video showing the president tussling with security and other judges to force his entry into the building.
As of 4am local time, the president remained inside the building.In a clip posted online, Nawrocki was heard saying the government appointees âwere not judges of the constitutional courtâ.In a statement read out on his behalf outside the court at 5am, Nawrocki criticised âa violation of Polandâs constitutional orderâ, saying âa constitutional body was seized by forceâ. He called for security forces to leave the premises.The latest clash is likely to further polarise the country, setting the scene for a dramatic showdown in next yearâs parliamentary election, with polls showing the populist-right with a chance to return to power.Police are seen around the premises of Polandâs top court amid protests over its headâs suspension in Warsaw, Poland.
Photograph: Agata Grzybowska/Anadolu/Getty ImagesThe court has been at the centre of a dispute dating back to 2015, when the outgoing centrist and the incoming rightwing governments moved in quick succession with legally questionable moves to stack the bench with their appointees.The dispute over the appointments paralysed the court, followed by further attempts to cripple it during the PiSâs eight years of illiberal rule marred by clashes with the EU over the rule of law.Since returning to power in 2023, Polandâs prime minister, Donald Tusk, has repeatedly pledged to reverse controversial reforms as he sought to mend relations with Brussels, while refusing to recognise the courtâs legitimacy in the current form.However, his efforts have been thwarted by opposition-aligned presidents who used their veto powers and expansive interpretations of their powers to block reforms.In the latest twist this year, Nawrocki, who unexpectedly won last yearâs presidential election against Tuskâs candidate, refused to swear in five judges elected by the current parliament, further complicating the legal situation.Earlier this month, the Council of Europeâs advisory body on the rule of law, the Venice Commission, said the presidentâs refusal should not prevent judges from taking up their posts.On Friday night, a group of judges elected by the current majority moved to suspend ĆwiÄczkowski, a former minister under PiS, and seize procedural control of the court. Anna Korwin-Piotrowska â who is one of the five judges not accepted by Nawrocki â said she had assumed the top position, citing the longest experience in the judiciary.Disputed chief justice Bogdan SwiÄczkowski presents his judicial document to reporters in front of Polandâs Constitutional Tribunal in Warsaw, Poland.
Photograph: Radek Pietruszka/EPAExperts are deeply divided in their opinion on the legality of the judgeâs suspension. Marcin Matczak, a prominent law expert and outspoken critic of PiS, said he âdid not think he would ever end up defendingâ ĆwiÄczkowski, but believed the legal basis for his suspension was ânon-existentâ.Separately, justice minister Waldemar Ć»urek said he had asked for ĆwiÄczkowski and deputy chief SochaĆski to be stripped of their legal immunity to face prosecution for obstructing the courtâs work.Polish president Karol Nawrocki arrives at the constitutional tribunal in Warsaw, Poland.
Photograph: Dawid Ć»uchowicz/Agencja Wyborcza.pl/ReutersDespite criticism, Tusk insisted that ârestoring the rule of law is our duty.ââAfter years of PiSâs lawlessness, this is a difficult process, sometimes painful, and it requires decisive action. There is no other way,â he argued.Earlier this month, he pledged âthe court will begin its work in accordance with the constitution, whether people like it or not.âPolandâs foreign minister RadosĆaw Sikorski told reporters on the margins of a G20 meeting in Atlanta that âthe constitutional tribunal was politicised under the previous government.ââWhat is happening has the purpose of allowing the majority of duly elected judges to make the tribunal function again,â he said.Opposition leaders and the courtâs social media account accused the government of carrying out a judicial âa coup dâĂ©tatâ.
Several European far-right figures, including Britainâs Nigel Farage, Liz Truss and the Netherlandsâ Geert Wilders, also condemned the move.US ambassador to Poland Tom Rose said in a post on X: âThe events unfolding tonight ⊠are very serious.ââBoth sides offer sharply different accounts of what happened and why,â he said. âWhatever the facts ultimately establish, thousands gathering outside the tribunal make an already dangerous situation more combustible. The last thing Poland needs is a confrontation that spirals into something far worse.â

