Poland suspends head of its constitutional court, sparking protests and a standoff

Poland's long-running fight over control of its courts escalated on Friday, October 30, when the president of the Constitutional Tribunal, Bogdan Święczkowski, was suspended.

Dozens of police officers were deployed to guard the court building in Warsaw as supporters of the opposition Law and Justice party (PiS) gathered to protest against what they called his unlawful removal.

Competing accounts

The tribunal's official account on X described the move as a "coup d'etat". Former justice minister Zbigniew Ziobro, a leading PiS figure, called it a "blatant, criminal attack on the constitutional order".

President Karol Nawrocki, who is aligned with PiS, called off a planned visit to Africa after the suspension.

The government of Prime Minister Donald Tusk sees the matter differently. Święczkowski was appointed by the previous PiS government, which critics at home and in the European Union accused of packing the courts with loyalists. Over the past six months, according to Al Jazeera, he used his position to block judges elected by the current parliamentary majority from taking up their duties.

The background

The Constitutional Tribunal decides whether laws comply with Poland's constitution. During its time in power from 2015 to 2023, PiS overhauled the judiciary, including appointments to the tribunal that the European Court of Human Rights later ruled were irregular. The EU withheld billions of euros in funding over rule-of-law concerns.

Tusk's pro-European coalition took office in December 2023 promising to reverse those changes. Its efforts have repeatedly run into resistance from PiS-appointed judges and from the presidency, which can veto legislation.

Why it matters

The dispute goes to the heart of who has the final say on Poland's laws. If the government and the tribunal each refuse to recognise the other's decisions, Poland could end up with rival claims to legal authority, creating uncertainty for citizens, businesses and investors.

It also matters for Europe. Poland is one of the EU's largest members and a key ally of Ukraine, and Brussels has made the restoration of judicial independence a condition of continued support. How Warsaw resolves this standoff, and whether it is seen as fixing or repeating past abuses, will be closely watched in Brussels.