Prime Minister Donald Tusk addressed Poland’s deepening Constitutional Tribunal crisis in a televised speech on Saturday evening, vowing that the rule of law would prevail over violence as tensions over the country’s judiciary reach boiling point.
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The dispute over the composition of Poland’s top court has fuelled an open confrontation with President Karol Nawrocki, who attempted to enter the Tribunal building amid a deadlock over the appointment of new judges on Friday night.
Police surrounded the building as the confrontation unfolded live on television, drawing attention to the crisis beyond Poland and into the wider European political debate.
The opposition has accused Tusk’s government of attempting a coup, while the government says it is pushing ahead with long-needed reforms to restore the rule of law after years of PiS interference in the judiciary.
In his address to the nation, Tusk described Friday’s events as “scandalous incidents” and said he hoped such scenes would never be repeated in Poland. He added that restoring calm could not mean accepting lawlessness or violence.
“A democratic state has to be strong and capable of enforcing justice,” he said.
The dispute over Poland’s Constitutional Tribunal dates back to 2015, when the governing Civic Platform and opposition Law and Justice parties clashed over the appointment of five judges. It has since developed into a wider conflict over judicial independence, the Tribunal’s composition and the authority of its rulings.
Dispute over control of the judiciary
Tusk said his government had tried to resolve the crisis, but its proposals were blocked by PiS and the president, further deepening the dispute.
He said the parliamentary majority then waited for the terms of judges appointed under the previous PiS-led government to expire in an effort to avoid a confrontation.
“We waited calmly for new judges to be chosen, until the terms of their predecessors appointed by PiS expired. The Sejm made its choice, the judges took the oath, but the president did not deign to receive that oath,” Tusk said.
The Sejm, Poland’s lower house of parliament, elected the new judges, who took their oaths of office. Nawrocki did not formally receive the oaths, while Tribunal President Bogdan Święczkowski refused to allow the new judges to take up their duties.
Tusk described the newly elected judges as legally appointed and said they had been attacked. He also criticised politicians and activists linked to PiS and the far-right Confederation party over their conduct during the confrontation.
He compared the dispute to a thief stealing an elderly woman’s handbag and then accusing others of violence when they try to recover it.
“In certain matters there can be no compromise,” he said, adding that lawlessness could not be negotiated away.
Physical force, aggression and party interests must not determine who is right in a state governed by the rule of law, he added.
Tusk also said no politician, including the president, had the right to enter a court or tribunal, issue instructions to judges or intimidate them. He was referring to Nawrocki’s visit to the Tribunal building after turning his plane around while travelling to Senegal.
Tusk warns against playing into Russia’s hands
Tusk warned that pro-Russian groups could exploit the political conflict.
He pointed to Russian bots operating online which, in his assessment, were supporting opponents of Poland’s current constitutional order.
He said the Constitutional Tribunal would operate in accordance with the constitution and independently of the executive.
As head of government, Tusk pledged to provide the institution with the security and conditions needed to carry out its duties.
“And I intend to fulfil this task,” he said.
However, the speech offered no concrete agreement with Nawrocki or detailed plan to resolve the dispute.
