Poland Constitutional Tribunal Crisis: What Happened and Why
A judge ordered the suspension of the head of Poland's Constitutional Tribunal on October 30, police deployed and President Nawrocki rushed home. Here is what each side says and what comes next.
- On October 30, 2026, Judge Anna Korwin-Piotrowska ordered a one-month suspension of Constitutional Tribunal president Bogdan Święczkowski and his deputy, which they reject, and police deployed around the court.
- Tusk's government calls it part of "restoring the rule of law"; PiS, the court's leadership and President Nawrocki call it unlawful, and some call it a coup.
- Nawrocki flew back from a Senegal trip, entered the court overnight and called urgent talks with parliamentary parties for October 31; a court assembly is planned for November 3.
Poland is in a constitutional standoff after a judge chosen by the current parliament ordered the suspension of Constitutional Tribunal president Bogdan Święczkowski and his deputy on Friday, October 30, 2026, and police deployed around the court in Warsaw. President Karol Nawrocki turned his plane back from a trip to Senegal, entered the court building after midnight and has called urgent talks with parliamentary parties for Saturday, October 31.
Prime Minister Donald Tusk's government presents the move as part of "restoring the rule of law". The opposition Law and Justice party (PiS), the court's leadership and the president call it unlawful, and several call it a coup. This post is current as of about 07:15 CET (06:15 UTC, 11:45 IST) on October 31.
What happened at Poland's Constitutional Tribunal on October 30
Shortly after 17:00 CET, a police unit appeared behind the Tribunal's fence, OKO.press reported. Police said they acted after a Tribunal judge warned of possible threats to judges and staff, and after the Prosecutor General asked for extra security because of protests, Polsat News reported.
Around 18:00 CET the Tribunal's website posted orders suspending Święczkowski and Vice-President Bartłomiej Sochański for one month, according to RMF24. Judge Anna Korwin-Piotrowska said she had issued them as the longest-serving judge, Notes from Poland reported, a claim it said rests on her judicial career since 1995, not her time at the Tribunal. Nawrocki has not sworn her in.
She accused Święczkowski of blocking newly elected judges from their seats and of irregularities in assigning cases, Notes from Poland reported. The notice cited Article 130 of the law on common courts, which lets a judge's duties be halted at once if the judge is caught committing an offence.
Justice Minister and Prosecutor General Waldemar Żurek filed five requests to lift the two men's immunity, Anadolu Agency reported, saying: "These are serious criminal cases." He said they had stopped judges from working, Reuters reported. Both keep their immunity unless it is lifted, and Święczkowski rejects the suspension as illegal.
Święczkowski reached the gate at about 20:17 CET, where officers stopped him, RMF24 reported.
Protests and detentions
Reuters reported hundreds of protesters at the court late on Friday; some chanted "Tusk traitor" and others prayed with rosaries, Euronews reported, citing AFP. In a statement reported by WP at 20:52 CET, Warsaw police said objects had been thrown at officers, that they had detained three people who jumped the fence, and that they were not inside the building.
The president's return and the night at the court
Nawrocki, elected in 2025 with PiS backing, posted on X: "At a moment like this, the President must be in Poland. I am cutting short my flight to Senegal. I am returning." He landed at 21:43 CET and met Supreme Court First President Zbigniew Kapiński, RMF24 reported.
At 00:36 CET the presidential cars left for the Tribunal, Polsat News reported. Just before 01:00 Nawrocki and Kapiński entered amid a scuffle at the door, and video described by Zero.pl shows Nawrocki telling the judges they were not Tribunal judges. Accounts differ:
- Presidential spokesman Rafał Leśkiewicz said people in the doorway tried to stop the president and violated his personal inviolability.
- Maciej Berek, one of the unsworn judges, filmed the entry and said the president barged into Korwin-Piotrowska and that nobody manhandled him, according to WP.
Nawrocki left shortly before 05:00 CET, WP reported. In a statement read by Paweł Szefernaker, head of his office, he said a constitutional body had been taken over by force and called urgent consultations with parliamentary forces for Saturday, citing a threat to internal security, Polsat News reported.
What the government side says
"Restoring the rule of law is our duty," Tusk wrote on X. "After years of lawlessness under PiS, this process is difficult, at times even painful, and requires decisive action," he added, according to Reuters. "There is no other way."
Żurek said anyone who breaks the law will face court, and called it unacceptable for someone protected by immunity to force his way in and attack judges. Foreign Minister Radosław Sikorski said the dispute was about the rule of law at an institution politicised by the government that lost power in 2023, WP's live coverage reported.
What the opposition and the court's leadership say
The Tribunal's official X account said its website had been unlawfully taken over, and that "Ms. Anna Korwin-Piotrowska is not a judge of the Constitutional Tribunal", Euronews reported. It added: "All persons participating in these actions are committing the crime of a coup d'état." On Saturday morning Święczkowski again called it a coup, WP reported.
PiS leader Jarosław Kaczyński said "as of today, Poland has become a police state", in Notes from Poland's translation. Former justice minister Zbigniew Ziobro called it "a blatant, criminal attack on the constitutional order", Al Jazeera reported. Kapiński said he was "appalled". A presidential aide said Berek's video documented a crime, Polsat News reported.
Law professor Marcin Matczak, who called Święczkowski the worst person to lead the court, said the suspension's legal basis was "nonexistent for a million reasons", Notes from Poland reported.
Why Poland's top court is at the centre of the fight
After PiS won power in 2015, it tried to fill Tribunal seats already held by judges chosen under the previous government, and its nominees later gained a majority, Reuters reported. Critics accused PiS of politicising the court, Al Jazeera noted. On December 18, 2025, the EU's Court of Justice found the Tribunal "does not meet the requirements of an independent and impartial tribunal established by law", eucrim reported.
Tusk's coalition, in office since December 2023, does not recognise the court, saying some PiS-era appointments make it illegitimate, and ignores its rulings, Notes from Poland reports. This year the Sejm chose eight judges for the 15-seat court; Nawrocki swore in three and not five, citing concerns about their selection or qualifications (Reuters counts three of six). Święczkowski kept the unsworn judges out, saying judges must take their oath before the president, despite a May order from the European Court of Human Rights that he says it had no competence to issue.
On October 13 the Council of Europe's Venice Commission said the president should swear in parliament's judges "without delay"; Nawrocki's spokesman called its opinions advisory, Notes from Poland reported. A day later Berek, whom Tusk once called his "right-hand man", took his oath in parliament without the president. Nawrocki says Berek has not proved the required experience; Berek disagrees.
In September prosecutors charged two Tribunal officials over blocking the new judges; both pleaded not guilty. In October 2025 the Tribunal's general assembly refused an earlier request to lift Święczkowski's immunity, which he called "a scandalous political stunt", Notes from Poland reported.
EU and international reaction
As of 07:15 CET on October 31, we found no formal statement on the suspension from the European Commission or other EU institutions. Two Polish ambassadors, Jakub Kumoch in China and Paweł Soloch in Romania, resigned over the events, RMF24 reported.
What happens next
- Saturday's consultations: time, venue and attendees had not been announced as of 07:15 CET.
- November 3: Korwin-Piotrowska plans a General Assembly to adopt the court's budget, RMF24 reported; Matczak argues it needs a quorum of ten judges.
- Immunity: the Tribunal's general assembly decides on lifting a judge's immunity, and which judges lawfully sit on it is now disputed.
- The suspension: the orders run for one month, OKO.press reported; Święczkowski's side does not recognise them.
- The 2027 election: unless called early, it is likely on October 17, 24 or 31, or November 7, 2027, Notes from Poland explains.
PolitPro's poll average on October 31 put Tusk's Civic Coalition (KO) on 33.0% and PiS on 22.7%, but Notes from Poland, citing eWybory's average, found the government and opposition blocs roughly level in mid-October, at about 47% and 48%.
Our take
Based on the reporting above, both camps say they are defending the constitution, and each relies on bodies the other rejects. Until they agree on which judges are lawful, almost any decision the court takes is likely to be challenged by one side.
How to follow it
Notes from Poland and PAP publish in English. Rival judges now issue competing statements in the Tribunal's name, so check who is speaking.
Frequently asked questions
What is happening in Poland right now?
As of about 07:15 CET on October 31, 2026, Poland's government and president are locked in a standoff over the Constitutional Tribunal. A judge elected by the current parliament suspended the court's president and vice-president on October 30, police deployed around the building, and President Karol Nawrocki called urgent consultations with parliamentary parties for October 31.
Why was Bogdan Święczkowski suspended?
Judge Anna Korwin-Piotrowska, who issued the orders, accused him of blocking newly elected judges from taking their seats and of irregularities in assigning cases, according to Notes from Poland. Justice Minister Waldemar Żurek has also asked for his immunity to be lifted. Święczkowski and the Tribunal's official X account say the suspension is illegal and that he remains the court's president.
Why did the Polish president turn his plane around?
Nawrocki was flying to Senegal on October 30 when the suspension was announced. He posted that at such a moment "the President must be in Poland", landed in Warsaw at 21:43 CET and entered the Tribunal building just before 01:00 on October 31 with the Supreme Court's first president.
Is the Poland court crisis a coup?
That is the core of the dispute. The Tribunal's official account, PiS leaders and the president's office describe it as a coup or a forcible takeover, while Prime Minister Donald Tusk says restoring the rule of law requires "decisive action". GessyMorgan does not adopt either label; the legal basis for the suspension is contested, including by some legal scholars.
When is Poland's next parliamentary election?
Unless an early election is called, it must take place on a non-working day in the last 30 days of the current term, which began on November 13, 2023. Notes from Poland lists October 17, 24 or 31, or November 7, 2027 as the likely Sundays. The president sets the date.
Sources
- Chaos at Poland's constitutional court as government-backed judges seek to oust chief justice, Notes from Poland
- Polish riot police deployed after court chief suspended, RTÉ (Reuters)
- Polish police deployed to top court after head judge suspended, Al Jazeera
- Polish president turns back mid-flight amid court 'coup d'état' claims, Euronews
- Polish president aborts Africa trip as power struggle erupts at Constitutional Tribunal in Warsaw, Anadolu Agency
- Poland's Court Crisis: President's Mid-Air U-Turn, Riot Police And Street Protests, Outlook India (Reuters)
- Policja w Trybunale Konstytucyjnym. "Zagrożenie dla życia", Polsat News
- Prezydent przed Trybunałem Konstytucyjnym. Towarzyszy mu prezes Sądu Najwyższego, Polsat News
- Prezydent zwołuje pilne spotkanie. "Zagrożenie bezpieczeństwa RP", Polsat News
- Policja podsumowuje działania przed TK, Wirtualna Polska
- Chaos w TK. Prezydent wydał oświadczenie [relacja na żywo], Wirtualna Polska
- Prezydent opuścił TK. "Zwołuję pilne konsultacje sił parlamentarnych", Wirtualna Polska
- Kryzys w Trybunale Konstytucyjnym. Zawieszenie prezesa, protesty i szarpanina z prezydentem, RMF24
- Prezes TK Święczkowski i zastępca zawieszeni. Trybunałem kieruje sędzia Korwin-Piotrowska, OKO.press
- Chaos w Trybunale Konstytucyjnym trwa. Szarpanina z prezydentem, Nawrocki zwołuje spotkanie, Zero.pl
- New Polish constitutional court judge takes oath in defiance of president, Notes from Poland
- Polish constitutional court officials charged with preventing entry of new judges, Notes from Poland
- Polish constitutional court rejects justice minister's request to lift chief justice's immunity, Notes from Poland
- Everything you need to know one year ahead of Poland's parliamentary elections, Notes from Poland
- ECJ Reprimands Polish Constitutional Court and Denies its Independence, eucrim
- Poland's Parliamentary Election: Polls & Forecast, PolitPro
How we wrote this
GessyMorgan explainers are built from public reporting and official sources. This post draws on the 21 sources listed above, each linked where we use it. It was drafted with AI assistance and checked against those sources before publishing. We did not test products, attend events or interview anyone for this article. Facts are current as of October 31, 2026, and we update the post when they change.
