Tusk drives ahead with court power grab despite protests, legal doubts and presidential objections
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Prime Minister Donald Tusk said he will force through a sweeping overhaul of Poland's constitutional court, insisting it is necessary despite street unrest, criticism from President Karol Nawrocki, and warnings from legal experts that the move is deeply questionable.
Prime Minister Donald Tusk announced on Saturday night that his government will continue with a contested reform of Poland's constitutional court, portraying the changes as necessary to revive a tribunal that has been stalled for years. The statement came after riot police were deployed to protect the court building during overnight protests.
Tusk argued that the court, as shaped by the previous Law and Justice (PiS) government, was not a genuine judicial body and cited rulings from European courts to support his view. He warned that groups seeking to undermine democracy have found backing among pro-Russian forces worldwide.
"In a democratic state, no politician can enter a court to issue orders or intimidate judges – not even the president," Tusk said, referring to President Karol Nawrocki's involvement in the protests.
The reform effort follows earlier attempts by the centre-right government, which returned to power in 2023, to reverse judicial changes made during PiS's eight-year rule. President Nawrocki has previously refused to swear in five judges approved by parliament, and his senior aide labeled Tusk a "pathological liar."
Foreign Minister Radosław Sikorski acknowledged that the events outside the court were "not elegant" but argued that allowing the court's structure to remain would risk an "unconstitutional transformation of Poland into a presidential republic."
Legal experts remain divided on the legality of the temporary suspension of the court's PiS-appointed chief judge and deputy. Poland’s Helsinki Foundation for Human Rights described the legal basis for the suspension as "questionable" and warned it would not help restore the court's functioning.
The dispute unfolds ahead of next year’s parliamentary election, with polls indicating a close contest between Tusk's coalition and nationalist right-wing parties.