Warsaw's long-running judicial standoff reached a new peak on Friday when President Karol Nawrocki forced his way into the Constitutional Tribunal, clashing with riot police and anti-government demonstrators. The move came as the European People's Party (EPP) MEP Michał Wawrykiewicz bluntly stated that the president has 'no competence' to appoint judges, a remark that underscores the depth of the institutional rift.
Wawrykiewicz, a member of Prime Minister Donald Tusk's Civic Platform, told European Pulse that Nawrocki and his Law and Justice (PiS) allies are 'trying to block the restoration of rule of law' in Poland. He accused the party of seeking to 'keep the political power' over a court that, during PiS's eight-year tenure, functioned as a 'politically manipulated theatre of puppets.'
The immediate trigger for Friday's confrontation was Nawrocki's demand to reinstate a conservative judge whose suspension was backed by Tusk's pro-European government. The president's physical entry into the tribunal building, accompanied by supporters, marked an unprecedented escalation in a conflict that has drawn attention across the European Union.
Who holds the power to appoint?
Wawrykiewicz, who sits in the European Parliament, was unequivocal: 'The only competent authority to appoint judges of the Constitutional Tribunal is the Parliament. The president has no competence in this matter.' His statement aligns with the position of the European Commission, which on Saturday issued a formal endorsement of Tusk's stance, urging all parties to respect the constitutional order.
The dispute is the latest chapter in a saga that began in 2015, when PiS, after winning elections, launched a series of judicial reforms that critics said undermined the independence of the courts. The European Commission has repeatedly warned that these changes violated EU rule-of-law standards, leading to infringement procedures and, eventually, the freezing of billions in recovery funds.
Tusk, who returned to power in late 2023, has made restoring judicial independence a cornerstone of his agenda. His government has sought to overhaul the tribunal, which it views as a PiS stronghold. Nawrocki, a PiS ally, has vowed to resist any changes, framing them as an attack on Poland's sovereignty.
The standoff has also drawn international attention. French far-right leader Marine Le Pen recently waded into the crisis, drawing a sharp rebuke from Warsaw. Meanwhile, Brussels has backed the Polish parliament's court appointments, further isolating Nawrocki's position.
Legal experts note that under Poland's constitution, the president's role in judicial appointments is largely ceremonial, with the Sejm (lower house) holding the decisive vote. However, Nawrocki's actions suggest he intends to use his office as a political lever, a move that critics say threatens the separation of powers.
The crisis has also exposed divisions within the EU. While the Commission has sided with Tusk, some member states, particularly those with populist governments, have expressed sympathy for Nawrocki's stance. This has complicated efforts to present a unified European front on rule-of-law issues.
For ordinary Poles, the turmoil is unsettling. Public trust in the judiciary has been eroded by years of political interference, and many fear that the current impasse will only deepen cynicism. 'This is not about left or right,' said one Warsaw-based lawyer, who asked to remain anonymous. 'It's about whether we have a functioning legal system at all.'
As the standoff continues, Tusk has vowed no compromise, insisting that the rule of law must prevail. His government has already taken steps to bypass the tribunal's rulings, arguing that they are illegitimate. The coming weeks will test whether Poland can find a way out of this constitutional quagmire without further damaging its democratic institutions.
The European Parliament is closely monitoring the situation. Wawrykiewicz and his colleagues have called for a debate on Poland's compliance with EU values, and some have suggested that the bloc could impose sanctions if the crisis persists. For now, the focus remains on the streets of Warsaw, where protesters and police face off, and on the halls of power, where the future of Poland's judiciary hangs in the balance.
