Poland’s Constitutional Tribunal Conflict: Legal Proceedings Launched Against Presidential Allies

Polish Justice Minister Waldemar Żurek has initiated legal proceedings against individuals associated with the presidency, alleging a crime involving aiding the president. This development is part of a deepening conflict over the composition and legitimacy of Poland’s Constitutional Tribunal (TK).

The action taken by Minister Żurek follows a period of intense institutional friction between the current government and the presidency. The dispute centers on the appointment of judges and the legal authority of the Constitutional Tribunal, a body that has been at the heart of a rule-of-law crisis in Poland since 2015.

Context of the Constitutional Tribunal Crisis

The broader conflict regarding the Constitutional Tribunal began in the second half of 2015. The dispute originally centered on the appointment of five of the 15 judges of the tribunal. Under Polish law, constitutional judges must be elected by the Lower House and take an oath of office before the president.

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The crisis intensified after the Law and Justice (PiS) party won an absolute majority in the parliament and President Andrzej Duda assumed office on August 6, 2015. This period saw clashes between the judicial branch and the political leadership over the control of the tribunal.

The current government, led by Prime Minister Donald Tusk, views the Constitutional Tribunal in its current form as illegitimate. This stance is based on the presence of judges who the government claims were unlawfully appointed during the tenure of the PiS party. The government has consistently ignored rulings and pronouncements from the tribunal.

Escalation and Legal Actions

The legal battle has recently escalated with reciprocal accusations of criminal conduct. On February 5, 2025, Bogdan Święczkowski, the head of the Constitutional Tribunal and an ally of the conservative opposition, announced a criminal investigation against Prime Minister Donald Tusk and other senior officials of the ruling coalition.

Święczkowski alleged that these officials were operating as an organised criminal group with the intent to mount a coup d’état. Święczkowski had been appointed as the chief justice of the TK by President Andrzej Duda and previously served as a senior prosecutor and deputy justice minister under the PiS government.

The recent move by Justice Minister Waldemar Żurek to initiate proceedings against those aiding the president represents a counter-measure in this ongoing institutional struggle. The proceedings specifically target the crime of providing assistance to the president in the context of the tribunal dispute.

Current Judicial Challenges

The government continues to face challenges in reshaping the judicial system. The presence of PiS-aligned judges in the Constitutional Tribunal allows the president to delay government plans by sending them for constitutional review.

the process of selecting new members for the judicial body remains a point of contention. Recent reports indicate criticism regarding new TK judges who are allegedly combining mandates in a manner that is considered improper.

These developments occur against a backdrop of international scrutiny. European courts have previously condemned the changes made to the judiciary during the PiS administration, while the Polish president signed a bill in June 2022 to strike down a disciplinary chamber for judges, a step required for Poland to access European Union post-pandemic recovery funds.

The current situation reflects a continued state of legal instability, where the executive branch and the highest constitutional court are engaged in a cycle of criminal allegations and challenges to each other’s legitimacy.