Electric Saw and Closed Chains: Behind the Scenes of the Struggle over Poland's Constitutional Tribunal

Poland's Constitutional Tribunal has turned into an open confrontation stage between the liberal government led by Donald Tusk and nationalist President Karol Nawrocki, after police intervened to protect the court building in Warsaw, while supporters of the nationalist "Law and Justice" party gathered to defend judges affiliated with the party.

In an unprecedented scene, suspended tribunal president Bogdan Święczkowski appeared surrounded by party MPs and a locksmith, attempting to cut the chains used to lock the institution's gate with an electric saw.

The nationalist opposition accuses Tusk's government of executing an "attempted coup" to seize the country's highest judicial body, while the ruling coalition claims it is fulfilling an electoral commitment to restore the rule of law, following years of interference by the "Law and Justice" party in the judiciary.

Between these two narratives, Poland faces a deep constitutional conflict that goes beyond judge appointments, extending to a larger question: who holds the right to determine the legitimacy of the court when state institutions themselves are disputed?

Night of the Court.. Police, Judges, and the Street
The escalation began on the evening of Friday, October 30, when riot police deployed around the Constitutional Tribunal to prevent a breach of the building and protect its entrances.

Conversely, thousands of protesters gathered carrying Polish flags and banners denouncing Tusk's government.

Magazine "Lexpress" reported that three protesters were detained after attempting to bypass the security cordon, while suspended tribunal president Święczkowski returned to the forefront, assisted by "Law and Justice" MPs and a locksmith to cut the chains locking the gate.

President Karol Nawrocki himself did not stay away from the confrontation; after being en route to Senegal, he urgently returned to Warsaw and headed to the court building, bypassing the security cordon and engaging in heated discussions with judges elected by the parliamentary majority.

Channels broadcast the confrontation live, turning the legal crisis into a mass event that realigns the nationalist right and gives the opposition an opportunity to portray the government as an authority exceeding the constitution.

Crisis Origins in 2015
The roots of the dispute date back to the end of 2015, when the previous centrist majority appointed five judges, two of whom were supposed to assume their duties during the next parliamentary term.

Its opponents considered the step illegal, then the "Law and Justice" party responded, after coming to power, by appointing other judges. Since then, the composition of the court and the legitimacy of its decisions have been subject to permanent political dispute.

The European Commission entered the crisis line, after questioning the extent to which the Supreme Court complies with European standards for judicial independence.

In a ruling issued in 2025, the EU Court of Justice determined that the Polish Constitutional Tribunal, in its current composition, does not meet the requirements of an independent and impartial court.

When a centrist coalition led by Tusk returned to power in 2023, it pledged to rebuild the rule of law and settle the legacy of the previous phase.

However, the election of the nationalist historian supported by the "Law and Justice" party as president in June 2025 created a hostile coexistence system; the president possesses significant obstruction tools, while the government attempts to implement reforms clashing with the presidential palace's refusal.

New Judges and Disputed Legitimacy
In March 2026, the centrist majority in the Sejm elected new judges, but the president only swore in some of them.

In October, the Council of Europe's Venice Commission recommended allowing judges to assume their duties even without taking the oath before the president, considering their appointment falls within the Sejm's competencies.

This stance gave Tusk's government European backing, but it did not resolve the dispute within Poland; Marcin Przydacz, the president's advisor and Secretary of State, told "Euronews" channel that there is "no legal basis" for the government's conduct, confirming that two prominent judges in the country oppose the same procedures.

Conversely, Polish MEP Michał Wawrykiewicz, a member of the Civic Coalition supporting Tusk, stated that the government, parliament, and elected judges act according to rulings of European courts and the Human Rights Court, and that the goal is to correct a crisis that began with the "Law and Justice" party's rise to power in 2015.

Prime Minister Tusk attempted to calm the country in a televised speech, affirming that "restoring the rule of law is our duty," and that the process will be difficult and painful, but has no alternative path. However, his opponents consider this speech a political cover for excluding judges who do not align with the new government.

Brussels Watches.. No Quick Solution
The European Commission closely monitors developments, while European institutions called on President Nawrocki to ratify the appointment of new judges.

But the crisis reveals Brussels' limited capacity; it can confirm legal standards and exert political pressure, but cannot impose an internal settlement unless there is shared Polish will.

Legal figures and civil society organizations propose what they call a "constitutional reset," ensuring the court's independence and setting clear rules for appointments. However, achieving this requires consensus between two parties that do not agree on the definition of legitimacy itself.

The government sees court reform as a condition for returning to the rule of law, while the right sees reform transforming into a means to reshape the institution according to the current majority's balances.

Constitutional Crisis in Election Season
The confrontation cannot be separated from the legislative elections scheduled for November 2027.

According to "Le Monde" newspaper, Eva Marciniak, a professor of political science at the University of Warsaw, says Poland has already entered the campaign phase, and parties are mobilizing their bases a year before the voting date.

The political scene features two main camps: Tusk's pro-European centrist and liberal coalition, facing a conservative nationalist right led by the "Law and Justice" party and allies from the far-right.

Disputes include abortion issues, the role of the church, relations with Germany and Brussels, support for Ukraine, as well as the future of the judicial system.

The fragility of the right increases after about thirty MPs split from the "Law and Justice" party in July, coinciding with the rise of far-right currents granted nearly 20% of voting intentions by polls. Therefore, the court crisis may serve two contradictory goals: unifying the right against Tusk, or deepening divisions within it before the elections.