Polish Parliament Swears in Constitutional Court Judges Amid Presidential Defiance

On April 9, 2026, Poland's parliament, controlled by Prime Minister Donald Tusk’s ruling coalition, conducted the swearing-in ceremony for four Constitutional Tribunal (TK) judges. This event occurred despite opposition from President Karol Nawrocki, who has refused to accept their oaths, citing legal requirements that mandate judges be sworn in before the president. The situation has escalated into a significant constitutional crisis, reflecting ongoing tensions between the ruling coalition and the opposition-aligned presidency.

Notes from Poland

The conflict stems from a broader judicial crisis in Poland that began in 2015 when the previous government, led by the Law and Justice (PiS) party, appointed judges deemed illegitimate by the current ruling coalition. Since December 2025, the TK has been operating with only nine of its 15 judges, below the required minimum of 11 for a valid bench. In March 2026, Tusk's coalition elected six new judges to fill these vacancies, marking the first appointments in four years. However, Nawrocki only accepted two of these judges, raising questions about the legality of the remaining four.

Notes from Poland

Despite Nawrocki's refusal to officiate the oaths, the four judges—Anna Korwin-Piotrowska, Krystian Markiewicz, Maciej Taborowski, and Marcin Dziurda—proceeded to take their oaths in parliament. This ceremony was attended by Sejm Speaker Wlodzimierz Czarzasty and former chief justices, signaling a show of solidarity against the president's stance. The judges argued they had an obligation to begin their duties immediately, prompting them to organize the ceremony without presidential approval.

Notes from PolandNotes from Poland

Nawrocki's chief of staff, Zbigniew Bogucki, condemned the parliamentary swearing-in as a "violation of the law," asserting that the judges had effectively attempted to appoint themselves. Conversely, Deputy Prime Minister Wladyslaw Kosiniak-Kamysz accused Nawrocki of failing to fulfill his constitutional duties by not swearing in legally appointed judges. The PiS party announced plans to report the event to prosecutors, labeling it a "constitutional coup."

Notes from Poland

Following the swearing-in, Chief Justice Bogdan Swieczkowski, aligned with the PiS party, refused to recognize the four new judges, deepening the standoff. He stated that without the president's acknowledgment of their oaths, they could not assume their roles on the court. This refusal is likely to lead to further tensions, as the government has hinted at using police intervention to ensure the judges can take their seats if obstructed.

Brussels Signal

The situation in Poland remains precarious, with the ruling coalition and the presidency at an impasse over judicial appointments. The Tusk government continues to challenge the legitimacy of the TK, which it views as compromised by previous PiS appointments. As the crisis unfolds, the implications for Poland's judicial independence and rule of law remain uncertain, with many citizens expressing concern over the deteriorating situation.

Brussels Signal

• “the president must swear in Constitutional Tribunal judges” — Marcin Wiacek, Poland’s Commissioner for Human Rights

Notes from Poland

• “In this situation, the newly elected judges had to choose a different form of taking the oath,” — Jerzy Stepien, Former Chief Justice

Notes from Poland

• “These will not be judges; they will be anti-judges.” — Zbigniew Bogucki, Chief of Staff to President Nawrocki

Brussels Signal

• “Last week, interior minister Marcin Kierwinski even suggested that, if Swieczkowski refuses to admit the new judges to the court, the police could be used to ensure they are allowed to take up their seats.” — Marcin Kierwinski, Interior Minister

Notes from Poland