Constitutional Tribunal: putting things in order or a coup? What happened and what it means for us
In a single night Poland saw police outside the Constitutional Tribunal, a gate cut open and the president squeezing his way into the building. Each side says it is defending the law. We explain step by step – and tell you what we think.
Editor-in-chiefMariusz Gabriel B.
JournalistAgnieszka B.What happened – step by step
- Friday, around 18:00. An order appears on the Tribunal’s website: President Bogdan Święczkowski and Vice-President Bartłomiej Sochański are given a one-month break from their duties. It was issued by Judge Anna Korwin-Piotrowska, elected by the Sejm in March 2026, who as the longest-serving judge took over the running of the Tribunal.
- The same evening. Prosecutor General Waldemar Żurek files five motions with the Tribunal to lift immunity: four concerning the president and one concerning the vice-president.
- Police take up positions outside the building at the request of Judge Korwin-Piotrowska. According to the police, officers did not enter the building.
- Around 21:00. President Święczkowski orders the chain on the gate to be cut and enters the Tribunal’s grounds. He demands to be let into the building.
- President Karol Nawrocki cuts short a trip to Senegal and returns to Warsaw.
- Saturday, after midnight. The president, together with the First President of the Supreme Court, enters the Tribunal building. On a recording he tells the judges: “You are not judges of the Constitutional Tribunal”. Judge Maciej Berek publishes a recording of a scuffle in the doorway.
- Tuesday, 3 November – the judges elected by the current Sejm announce a General Assembly of the Tribunal, including on the budget.
The arguments of both sides
New judges and the government: “putting things in order”
The judges elected in 2026 say the president was blocking them from ruling, blocking the general assembly of judges and the Tribunal’s budget. As a legal basis they cite the rules on suspending a judge’s duties and the Act on the Constitutional Tribunal. Prime Minister Donald Tusk wrote that restoring the rule of law is difficult, but “there is no other way”.
The current Tribunal leadership, the president and the opposition: “a coup”
In their view, judges who have not taken the oath before the president are not Tribunal judges, so they cannot remove anyone. The Tribunal’s account called the actions a “coup d’état”, as did politicians from PiS and Konfederacja. The President’s Chancellery speaks of a violation of the president’s inviolability.
Lawyers are divided
Prof. Marcin Matczak believes there is no legal basis for removing the Tribunal’s president – but he also sharply criticised the president’s behaviour that night. Former Tribunal president Jerzy Stępień says a formal basis exists, although the matter requires analysis.
Our view
We will not pretend to know who is legally right – even the best lawyers in the country disagree on this. But we do know what this night should not have shown: chains being sawn through on a gate, police outside a court and a scuffle in a doorway with the head of state. Legal disputes are settled on paper, not on the steps.
Living in the United Kingdom, we see how much it matters that people trust the courts – even when they lose their case. This dispute has been going on since 2015, and each successive government has added to it. We ask both sides for one thing: sit down at the table before someone gets hurt, and look for a solution that will survive any change of government.
Analysis: what could happen
- Scenario 1 – talks. The president and the judges sit down at the table and reach a compromise on the Tribunal’s composition. The best option, but the least likely today.
- Scenario 2 – two Tribunals. Both groups regard themselves as the legitimate Tribunal and issue conflicting decisions. Offices and courts have to choose which side to recognise. This is the most likely scenario in the coming weeks.
- Scenario 3 – escalation. Arrests, further prosecution motions, street protests. Key date: Tuesday 3 November.
- The European Union may once again take up the rule of law in Poland – which in the past was linked to a dispute over EU funds.
What are the consequences
Human rights
The Tribunal protects citizens against bad laws. When it is unclear who is a judge, any ruling can be challenged. Ordinary people waiting for their cases to be decided – from taxes to family rights – may suffer.
Everyday life
For Poles in the UK nothing changes for now: consulates, passports and documents work as normal. But it is worth following cases pending in Polish courts – a long dispute may drag them out.
Prices and money
Investors do not like chaos in a state. A long dispute may weaken the złoty and raise Poland’s borrowing costs. For Poles in the UK, a weaker złoty means pounds sent to Poland are worth more, but prices in Poland may rise.
Generation Z
Young people watch this dispute on TikTok and YouTube, often in short, sharp clips from one side. That is an easy path to believing that “they are all the same” and that voting is pointless. We encourage you to watch coverage from both sides – which is why they sit side by side on our home page.
Sources: rp.pl – step by step; rp.pl – prime minister, president, 3 November; WP – the president at the Tribunal; poland.us – the Tribunal dispute.
