The roots of the current crisis go back to October 2015, when Poland's outgoing parliament, led by Civic…
Politics · · Poland
The roots of the current crisis go back to October 2015, when Poland's outgoing parliament, led by Civic Platform (PO), elected five judges to the Constitutional Tribunal ahead of the parliamentary elections that brought PiS to power.
However, not all five positions were due to become vacant during that parliament's term. Three were, while the remaining two belonged to the incoming parliament.
In December 2015, the Constitutional Tribunal ruled that the outgoing parliament had acted constitutionally in electing three judges, but not the other two.
PiS, now in power, refused to recognise the three valid appointments and proceeded to elect five replacement judges, including for seats that had already been lawfully filled. President Andrzej Duda accepted the oaths of PiS's nominees instead.
This triggered a major constitutional crisis. The government subsequently introduced changes to the Tribunal's functioning, while refusing to publish certain of its rulings. The dispute paralysed the institution and raised serious concerns about judicial independence, both in Poland and across the European Union.
The controversy deepened in December 2016, when Julia Przyłębska became president of the Tribunal through a procedure that was itself challenged.
Over the following years, the Tribunal's composition and independence became central to Poland's wider rule-of-law dispute with the European Union.
When Donald Tusk returned to power in 2023, his government inherited a judicial system deeply affected by these changes. But reversing them proved difficult, particularly without a parliamentary supermajority and with a president opposed to his reforms.
After returning to power in December 2023, Donald Tusk's coalition government pledged to restore the rule of law and reverse changes made to Poland's judiciary under PiS.
However, the government faced major obstacles. It lacked the parliamentary majority required to override presidential vetoes, while President Andrzej Duda, a PiS ally, remained in office until August 2025 and repeatedly blocked or challenged its reforms.
The dispute over the Constitutional Tribunal became particularly complicated. The government argued that the Tribunal had been compromised by appointments made under PiS and that restoring its legitimacy required addressing those irregularities. PiS, in turn, accused the government of unlawfully interfering with the judiciary and undermining institutions.
In 2025, Karol Nawrocki, backed by PiS, became president, further intensifying the standoff.
In March 2026, the Sejm elected six new Constitutional Tribunal judges as part of the government's effort to restore the institution. Nawrocki administered the oaths of only two, refusing to receive those of the remaining four. The government and parliamentary leadership argued that the judges had been lawfully elected and that the president could not indefinitely block their appointment. Nawrocki and his allies disputed the legality of the process.
So now: Nawrocki and PiS claim that the newly elected judges are politically aligned with Donald Tusk and accuse his government of attempting to take control of the Tribunal.
Meanwhile, Nawrocki cannot simply veto their election by indefinitely refusing to administer their oaths. However, Tusk's government also cannot force the judges into office.
And that's where the crisis reaches its breaking point: Nawrocki cannot block the process indefinitely, but Tusk cannot simply force it through either. Both sides claim to be defending the Constitution, while accusing the other of violating it.
Source: @GeoInsider
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