In a social media post, the Constitutional Tribunal wrote that the two men were still the legally appointed senior justices of the court.
“All persons participating in these actions are committing the crime of a coup d’etat,” it said.
Prime Minister Donald Tusk said his government was acting to restore the rule of law.
In a social media post, Tusk wrote: “Restoring the rule of law is our duty. After years of Law and Justice’s lawlessness, this is a difficult, sometimes painful process that requires decisive action. There is no other way.”
President Karol Nawrocki, who is backed by PiS, ordered his plane be turned back to Warsaw on his way to Senegal to attend the Summer Youth Olympic Games.
The Constitutional Tribunal was the spark that triggered Poland’s long-running rule of law dispute after the PiS-led government took office in 2015.
The PiS majority in parliament quickly moved to appoint judges to the court to gain a majority there because the court has the power to decide on the legality of legislation.
Leading European courts – the European Court of Human Rights and the Court of Justice of the European Union – subsequently ruled the PiS majority had elected three of the judges improperly because they were duplicating positions that had been validly filled by the previous parliament.
The European courts ruled Poland’s Constitutional Tribunal was no longer an “independent and impartial tribunal”, and Tusk’s government has used those rulings as a basis to stop publishing the tribunal’s rulings.
Taking office in 2023, Tusk vowed to depoliticise the judiciary – but he has failed to undo the PiS-era changes, partially because Nawrocki and his PiS-backed predecessor Andrzej Duda used their presidential vetoes to block his attempts.
Nawrocki has also refused to swear in five Constitutional Tribunal judges elected by parliament since March on the grounds of alleged flaws in their selection procedure.
One of those judges, Anna Korwin-Piotrowska, has now been placed in temporary charge of the court.
