A long-standing dispute over the composition of Poland’s Constitutional Court has escalated, with Judge Anna Korwin-Piotrowska suspending the court’s leadership, which refuses to acknowledge the move. On the evening of the incident, the entrance gate to the court was broken open, and people entered the premises, resulting in arrests.
Polish police stood guard outside the Constitutional Court, while the court’s president, Bogdan Święczkowski, refused to recognize his suspension. Earlier, Korwin-Piotrowska had announced that she had suspended Święczkowski and his deputy, Bartłomiej Sochański, from their duties for a month, stating that she would take over the court’s leadership.
Dispute Over Court Leadership
The previous court leadership, however, did not recognize Korwin-Piotrowska’s order. A post on the court’s website, which was later claimed to have been hacked, denied the information and accused all parties involved of attempting a “coup d’etat.”
On Friday evening, a large group of demonstrators, mostly supporters of the opposition party PiS, gathered outside the court building in central Warsaw. The situation escalated, and according to the Polish newspaper Fakt, Święczkowski appeared at the court around 8:25 pm, demanding access, which was denied to him.
Święczkowski then ordered a locksmith to cut the chains on the entrance gate using a cutting tool, allowing him to gain access to the court premises. However, he was stopped by a police cordon from proceeding further.
Prior to this incident, the Warsaw police had already arrested three people who had climbed over the fence to enter the court premises. Święczkowski accused the police of acting unlawfully and announced that he would return to the court on Saturday with the judges who, in his view, were lawfully appointed.
PiS leader Jarosław Kaczyński also appeared at the court, describing the events as an attack on a constitutional institution. The government, president, and opposition are locked in a dispute over the court, which has been ongoing for years.
The European Court of Justice ruled in December 2025 that the Polish Constitutional Court could not be considered independent and impartial due to serious flaws in the appointment of three judges and its former president, finding this violated EU law. The court had previously questioned the primacy of EU law in its 2021 rulings, which the ECJ also addressed in its decision.
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After the change of government in 2023, Tusk’s administration pledged to reverse the controversial reforms introduced by the previous PiS government. However, this process has been slow, partly due to the actions of President Nawrocki, who is close to PiS and has been blocking the new government’s efforts.
Nawrocki refused to swear in five newly elected constitutional judges, and when they took their oath before parliament instead, the court’s president, appointed during the PiS era, denied them access to the court building. This has led to a further legal dispute over whether the president has the right to veto the appointment of judges.
Korwin-Piotrowska, one of the newly elected judges, called for a session of all constitutional judges, citing the need to restore the court’s functioning. However, the legality of her actions and the suspension of Święczkowski are disputed.
Donald Tusk emphasized that restoring the rule of law is a commitment for his administration.
The situation remains uncertain, with the question of who will lead the Constitutional Court unresolved.
Legal Disputes and Uncertainties
Korwin-Piotrowska argues that, as the most senior judge due to her long service in the judiciary, she has the right to take over the court’s leadership under certain circumstances.
The accusations against Święczkowski include failing to allow five newly elected judges to take up their duties and disregarding an interim measure ordered by the European Court of Human Rights regarding their access to the court. Whether these allegations justify a temporary suspension is a matter of debate.
