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In Poland, the government of Prime Minister Donald Tusk has been accused of trying to capture the country’s constitutional institutions. This controversy has started regarding the Constitutional Tribunal, one of the biggest courts of the country.
A judge on Friday suspended the president and vice president of the Constitutional Tribunal for a month. After this he himself took the responsibility of president. The opposition got angry with this. He accused the government of attempting a coup.
Hundreds of people gathered outside the court to protest against the judge’s decision. Some protesters threw things at the police. As the situation worsened, President Karol Nowrotsky turned back midway on his way to Senegal. He said that at such a time it is necessary for the President to stay in the country.
Thousands of Polish citizens gathered in front of the Constitutional Tribunal building in Warsaw.
First of all understand, why is there a fight between the President and the Prime Minister?
- In Poland, both the President and the Prime Minister have different responsibilities. Prime Minister Donald Tusk runs the government, while President Karol Nowrotsky is the country’s constitutional head.
- There is a dispute going on between the two regarding the appointment of judges in the courts and their way of working. Now this fight has reached the Constitutional Tribunal, one of the biggest courts in the country.
- Tusk wants to correct the appointments and changes made in the courts during the previous government. He alleges that the previous government had appointed people of its choice to high positions in the courts.
- On the other hand, President Navrotsky says that the decisions of the Tusk government should be in accordance with the rules of the constitution. He has opposed many decisions of the government.
Heavy police force was deployed during the demonstration. The protesters were trying to enter the tribunal.
Controversy regarding courts started in 2015
This feud started in 2015. At that time the Law and Justice (PiS) party was in power in Poland. He made many changes in the courts and judicial institutions. As-
1. Reducing the retirement age of Supreme Court judges from 70 to 65.
2. Increasing role of government in appointing heads of courts
3. Making a separate system for action against judges
The opposition and the European Union (EU) had opposed these changes. His allegation was that the government was increasing its control over the courts. This is weakening the ability of judges to take decisions independently.
Donald Tusk’s coalition government came to power in 2023. He had promised during the elections that the courts would be freed from political interference and the rule of law would be restored.
Even after the change of government, the system of courts did not change immediately. Many judges appointed during the previous government were still holding important positions. The Tusk government wanted to make changes in these appointments and rules. President Navrotsky and PiS were opposing it.
The protesters also tried to attack the police several times by throwing things.
How did the controversy increase with the appointment of 6 new judges?
In March this year, the Polish Parliament elected 6 new judges to the Constitutional Tribunal. But President Navrotsky administered the oath to only 2 of these judges in his presence. Refused to administer oath to the remaining 4 judges.
After this, on April 9, these four judges took oath in the Parliament itself and informed the President’s Office about it. Anna Korwin-Piotrovska was also included among them.
The President’s Office did not recognize this oath taken in Parliament. The head of the Constitutional Tribunal, Bogdan Shvyantskovsky, also did not allow these four judges to work in the court.
This increased the controversy further. The Tusk government said that it is wrong to stop the judges elected by the Parliament from working. On the other hand, the President and PiS said that the rules of the Constitution should be followed in the appointment of judges.
During the demonstration, some people held anti-government posters in their hands. It was written on them – ‘Remove the communists and Tusk’s government’ and ‘Stop ruining the country’.
Why did the judge suspend the head and deputy head of the tribunal?
Now the question is, what happened on Friday that a judge suspended two senior officers of the court?
In fact, the head of the Constitutional Tribunal, Bogdan Svyatkovsky, was continuously not allowing the four new judges, who were not sworn in by the President, to work. Anna Korwin-Piotrovska was also included among them.
On Friday, Anna ordered the suspension of Schwientskowski and his deputy Bartlomiej Sochanski for a month. His allegation was that the functioning of the court was being affected by not allowing new judges to work. He said that this step is necessary for the normal functioning of the court.
After this Anna herself announced to take charge of the tribunal. But a new controversy arose regarding this decision. The opposition says Anna does not have the right to lead the tribunal because the President did not swear him in as a judge.
Tusk said – it is our responsibility to restore the rule of law
Prime Minister Donald Tusk has defended his government’s decisions. He wrote on X, ‘The law was violated for years under PiS rule. Now restoring the rule of law is a difficult process. Sometimes tough and painful decisions have to be taken, but there is no other way.
Tusk says that the independence of the courts was weakened during the previous government. His government is trying to fix the same system.
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