Polish constitutional court holds first meeting under government-backed judges
The chief justice and president call the judges’ actions a coup, while justice minister says Korwin-Piotrowska’s actions are the only way to rebuild the tribunal’s independence
Eight judges appointed by Poland's parliamentary majority have held a general assembly of the Constitutional Tribunal (TK), their first since taking control of the court, deciding to advance disciplinary proceedings against chief justice Bogdan Święczkowski and adopting a draft budget for 2027. The meeting was disputed before it began: Święczkowski and President Karol Nawrocki do not recognise the judges claiming control, and the chief justice and his deputy were prevented from entering the building by police.
The assembly was called by Anna Korwin-Piotrowska, who on Friday declared Święczkowski and deputy chief justice Bartłomiej Sochański suspended for failing to fulfil their duties, and said that she, as the court's longest-serving judge, was taking control. Large numbers of riot police were deployed outside the court, holding back protesters including opposition politicians and keeping Święczkowski and Sochański out. Nawrocki did enter the premises, where he clashed physically and verbally with Korwin-Piotrowska.
The meeting's validity turned on the quorum. A general assembly of the TK requires two thirds of the court's judges to be present, which with 15 positions would normally mean at least 10. Only eight judges attended, all of them appointed by the government's parliamentary majority this year; Nawrocki has refused to swear in five of them, leaving their legal status disputed. The court's seven other judges, appointed under the former Law and Justice (PiS) government, did not attend. The eight present ruled that a quorum had been reached on the basis that only 12 judges were authorised to attend, since Święczkowski and Sochański are suspended and Jarosław Wyrembak inherited his position from one of three judges PiS unlawfully appointed. Two thirds of 12 is eight. The session was broadcast live, the first time in the tribunal's history.
Once the quorum question was settled, the judges adopted a draft budget for the TK for 2027, something Święczkowski had been unable to achieve and which was used as an argument for his ousting, and drew lots to decide which judges would sit on disciplinary panels for Święczkowski and Sochański in relation to their suspension.
Święczkowski rejected the legitimacy of what he called a "social gathering", saying that Korwin-Piotrowska is a "usurper" who has no right to call a general assembly at all, Polsat News reported. He and Nawrocki have described the takeover of the court as a "coup d'état". Ryszard Piotrowski called the meeting "illegal", according to the news website Onet, and Przemysław Rosati, president of the Supreme Bar Council, also expressed doubts. Marcin Matczak said that lowering the quorum threshold by suspending the chief justice and his deputy opens a Pandora's box, arguing that a court president who suspended ten judges could then take decisions at an assembly of three.
Tusk's government argues that the source of the crisis is Nawrocki's refusal to swear in judges appointed by parliament, as he is required to do, and Święczkowski's consequent refusal to accept those judges onto the court. The government also notes that the TK has not been legitimate for a decade, since PiS unlawfully appointed judges and brought the court under its political influence. Speaking to broadcaster TVN before the assembly, justice minister Waldemar Żurek said that the actions being undertaken by Korwin-Piotrowska are the only way "to rebuild the independence of the tribunal".
Shortly before the meeting, Nawrocki met Prime Minister Donald Tusk at the presidential palace for a session of the National Security Council that the president had called before the court crisis broke out, their first meeting since it began. In public remarks before the closed session, Nawrocki accused the government of "illegally taking over the Constitutional Tribunal" and said that Tusk "bears full responsibility" for what he described as illegal actions.
The front page in your inbox each weekday morning: the lead, the picks, and why each one earned its place.
Polish Constitutional Tribunal judges and quorum requirements
judges
The eight judges in attendance argued that the quorum should be based on 12 rather than 15 judges, because two are suspended and one is unlawfully appointed. Source: Notes from Poland
§
Analysis
Why This Matters
Poland's highest constitutional court now has two groups of judges each denying the other's authority, so rulings on the constitutionality of government action carry uncertain legal force.
The standoff pits the prime minister's coalition against a president elected separately, and is being played out with police outside the courthouse, raising the prospect of a prolonged institutional deadlock.
The disciplinary proceedings against the chief justice and his deputy give the government-backed group a mechanism to formalise its control of the court.
Background
Poland's Constitutional Tribunal has been at the centre of a dispute over judicial independence since the previous Law and Justice government changed the rules for appointing and removing judges, a conflict that brought the country into prolonged conflict with European Union institutions. The current coalition government took office promising to reverse those changes, but its ability to reshape the court has been constrained by a president willing to use his powers of appointment. That dispute has now moved from appointments and legislation into physical and procedural control of the tribunal building, its budget and its disciplinary machinery.
Key Perspectives
Karol Nawrocki, president: describes the takeover as a "coup d'état" and accuses the government of "illegally taking over the Constitutional Tribunal", saying Tusk "bears full responsibility" for the actions he described as illegal.
Bogdan Święczkowski, chief justice of the TK: calls the assembly a "social gathering" and Korwin-Piotrowska a "usurper" with no right to convene it.
Donald Tusk's government, including justice minister Waldemar Żurek: says the crisis stems from Nawrocki's refusal to swear in judges appointed by parliament and Święczkowski's refusal to accept them, and that Korwin-Piotrowska's actions are the only way "to rebuild the independence of the tribunal".
Anna Korwin-Piotrowska and the eight judges: hold that eight participants constitute a quorum because only 12 judges were authorised to attend.
Ryszard Piotrowski, constitutional scholar: called the meeting "illegal".
Przemysław Rosati, president of the Supreme Bar Council: expressed doubts about whether a legal quorum was established.
Marcin Matczak, constitutional lawyer: warns that reducing the quorum by suspending the chief justice and deputy opens a Pandora's box that would let a court president take decisions with only three judges present.
What to Watch
How the disciplinary panels selected by lot proceed against Święczkowski and Sochański, and whether the suspended pair recognise their authority.
Whether the 2027 draft budget adopted by the eight judges is honoured by the finance ministry or blocked.
Whether Nawrocki swears in the five judges he has so far refused to appoint, the step the government says would resolve the underlying dispute.
12 claims in this story checked against 1 source: 12 supported.
Show each claim
SupportedPoland’s Constitutional Tribunal held its first meeting after government-backed judges took control.Notes from Poland: “The group of eight government-backed judges who last week took control of Poland’s Constitutional Tribunal (TK) have held a meeting”
SupportedŚwięczkowski and Nawrocki described the judges’ actions as a coup d’état.Notes from Poland: “Święczkowski and the opposition-aligned president, Karol Nawrocki, do not recognise the judges who are now claiming control of the court, describing their actions as a “coup d’état”.”
SupportedŻurek said Korwin-Piotrowska’s actions were the only way to rebuild the tribunal’s independence.Notes from Poland: “justice minister Waldemar Żurek said that the actions being undertaken by Korwin-Piotrowska are the only way “to rebuild the independence of the tribunal”.”
SupportedThe eight judges advanced disciplinary proceedings against chief justice Bogdan Święczkowski.Notes from Poland: “they made a number of key decisions, including moving forward with disciplinary proceedings against the court’s chief justice, Bogdan Święczkowski.”
SupportedThe judges adopted a draft TK budget for 2027.Notes from Poland: “First, they adopted a draft budget for the TK for 2027”
SupportedThe meeting’s quorum was disputed, and Święczkowski and Nawrocki did not recognise the judges claiming control of the court.Notes from Poland: “Święczkowski and the opposition-aligned president, Karol Nawrocki, do not recognise the judges who are now claiming control of the court”
SupportedPolice prevented Święczkowski and deputy chief justice Sochański from entering the court.Notes from Poland: “Large numbers of riot police were deployed outside the court, holding back protesters, including opposition politicians, and preventing Święczkowski and Sochański from entering the court.”
SupportedKorwin-Piotrowska declared on Friday that Święczkowski and Sochański were suspended for failing to fulfil their duties, and said she was taking control as the longest-serving judge.Notes from Poland: “Korwin-Piotrowska, who on Friday declared that Święczkowski and the deputy chief justice, Bartłomiej Sochański, had been suspended for failing to fulfil their duties. Korwin-Piotrowska said that she herself, as the longest-serving judge on the court, was taking control.”
SupportedWith 15 positions, a two-thirds quorum would normally require at least 10 judges; eight attended.Notes from Poland: “given that the tribunal has 15 positions, that would mean at least 10 judges being present. However, only eight judges attended today’s meeting.”
SupportedAll eight attendees were appointed by the government’s parliamentary majority that year, and Nawrocki had refused to swear in five of them.Notes from Poland: “They were all appointed to the TK by the government’s parliamentary majority this year. But Nawrocki has refused to swear in five of them”
SupportedThe eight judges counted the quorum using 12 authorised judges, excluding Święczkowski, Sochański and Wyrembak; two-thirds of 12 is eight.Notes from Poland: “That meant only 12 judges were authorised to attend, and two thirds of that number is eight, meaning that a quorum had been reached.”
SupportedŚwięczkowski called the meeting a “social gathering” and Korwin-Piotrowska a “usurper”.Notes from Poland: “Święczkowski himself rejected the legitimacy of what he called a “social gathering”, saying that Korwin-Piotrowska is a “usurper””