Govind Tekale
A NATO and European Union member state now has two rival claimants to its highest constitutional court. By Saturday morning, Poland’s Constitutional Tribunal had literally split across digital platforms.
Polish President Karol Nawrocki flew home early on October 31 and accused Prime Minister Donald Tusk’s government of a “forced takeover” of the Constitutional Tribunal. Late on Friday, October 30, the court’s longest-serving judge, Anna Korwin-Piotrowska, suspended Tribunal President Bogdan Święczkowski — an ally of the former nationalist government — and Judge Bartłomiej Sochański. Korwin-Piotrowska assumed acting control of the court. The old leadership calls it a “coup d’état” and alleges the court’s website was seized. Tusk said “there is no other way” to restore the rule of law. Statements from the Chancellery of the President of the Republic of Poland and the Polish Ministry of Justice confirm the competing claims.
How Immunity Motions Triggered a Dual Tribunal
The procedural mechanism is circular. Prosecutor immunity motions against Święczkowski and Sochański were delivered by Justice Minister Waldemar Żurek’s office directly to Anna Korwin-Piotrowska, the longest-serving judge. She relied on the receipt of those motions to temporarily suspend both officials late Friday night and switch control of the Tribunal’s official website.
By Saturday, the court’s official web domain was controlled by Korwin-Piotrowska’s interim administration. Meanwhile, the Tribunal’s official social media account remained in the hands of Święczkowski’s camp, which used it to broadcast allegations of a “coup d’état” and an unlawful website seizure. Poland now has a “Dual Tribunal” crisis where two factions claim legitimate authority. For background on European Union rule-of-law disputes, see our coverage of CJEU rulings and EU legal authority.
Judicial Paralysis Creates Legal Uncertainty for Businesses
With neither Tusk’s coalition nor President Nawrocki recognizing the other side’s judicial authority, the Constitutional Tribunal is effectively paralyzed. For businesses and citizens in Poland, any constitutional challenge to tax laws, EU compliance statutes, or executive decrees now faces a “dual court” deadlock. Rulings issued under Acting Head Korwin-Piotrowska risk presidential rejection. Rulings from Święczkowski’s faction are ignored by the government. For historical context on European court interventions, read our piece on EU legal systems and border procedures.
A Website Seized and Two Rival Chief Judges
The digital split — official website versus official social media — is unprecedented in modern European constitutional practice. It turns the court’s public communications into a contested battlefield, leaving lawyers, litigants, and foreign observers unsure which rulings carry legal force. The Constitutional Tribunal official portal reflects the ongoing control dispute.
What Readers Are Asking
Why did Polish President Karol Nawrocki accuse Donald Tusk of a court takeover?
Late on October 30, 2026, the Constitutional Tribunal’s longest-serving judge, Anna Korwin-Piotrowska, suspended Tribunal President Bogdan Święczkowski — an ally of the former nationalist government — and assumed control of the court. President Nawrocki called the move an unlawful takeover backed by Tusk’s cabinet.
Early Election or EU Intervention Possible
Nawrocki has called for urgent political consultations and refuses to swear in government-backed judges. The standoff could trigger early parliamentary elections or European Commission rule-of-law intervention.
