Crisis in Poland: Donald Tusk adopts a defiant tone by promising “no compromise” on the rule of law after the clash with the Tribunal

Prime Minister Donald Tusk addressed the growing crisis at Poland’s Constitutional Court in a televised speech Saturday night, promising that the rule of law would prevail over violence as tensions around the country’s justice system reach boiling point.

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The dispute over the composition of Poland’s highest court has fueled an open confrontation with President Karol Nawrocki, who tried to enter the court building as the appointment of new judges stalled on Friday evening.

Police surrounded the building as the confrontation played out live on television, drawing attention to the crisis beyond Poland and the wider European political debate.

The opposition has accused Tusk’s government of attempting a coup, while the government says it is pursuing long-needed reforms to restore the rule of law after years of PiS interference in the justice system.

In his address to the nation, Tusk called Friday’s events “scandalous incidents” and said he hoped such scenes would never be repeated in Poland. He added that restoring calm could not mean accepting anarchy or violence.

“A democratic state must be strong and capable of upholding justice,” he said.

The conflict over Poland’s Constitutional Court dates back to 2015, when the ruling Civic Platform and opposition Law and Justice parties clashed over the appointment of five judges. This conflict has since evolved into a broader conflict over judicial independence, the composition of the Tribunal and the authority of its decisions.

Dispute over control of the judiciary

Tusk said his government had tried to resolve the crisis, but its proposals had been blocked by PiS and the president, further escalating the conflict.

He added that the parliamentary majority then waited for the expiration of the mandate of judges appointed under the previous PiS-led government, in order to avoid a confrontation.

“We waited calmly for new judges to be chosen, until the term of their PiS-appointed predecessors expired. The Sejm made its choice, the judges took the oath, but the president did not deign to take this oath,” Tusk said.

The Sejm, the lower house of the Polish parliament, elected the new judges, who took the oath. Nawrocki did not officially take the oath of office, while the President of the Tribunal, Bogdan Święczkowski, refused to allow the new judges to take office.

Tusk described the newly elected judges as legally appointed and said they had been attacked. He also criticized politicians and activists linked to PiS and the far-right Confederation party for their conduct during the confrontation.

He likened the argument to a thief stealing an elderly woman’s purse and then accusing others of violence when they tried to get it back.

“In some areas there can be no compromise,” he said, adding that anarchy cannot be eliminated through negotiation.

Physical force, aggression and party interests should not determine who is right in a state governed by the rule of law, he added.

Tusk also said that no politician, including the president, has the right to enter a court or tribunal, instruct judges or intimidate them. He was referring to Nawrocki’s visit to the Tribunal building after turning his plane around on his way to Senegal.

Tusk warns against playing into Russia’s hands

Tusk warned that pro-Russian groups could exploit the political conflict.

He pointed to Russian bots operating online that he said support opponents of Poland’s current constitutional order.

He said the Constitutional Tribunal would operate in accordance with the constitution and independently of the executive.

As head of government, Tusk is committed to providing the institution with the security and conditions necessary to carry out its functions.

“And I intend to fulfill this task,” he said.

However, the speech did not offer any concrete agreements with Nawrocki or any detailed plans to resolve the dispute.