Polish Constitutional Court Crisis Raises Governance Risk for Investors

Poland’s escalating constitutional crisis has introduced a fresh governance risk for investors assessing the country’s regulatory stability, public finances and corporate operating environment. Police surrounded the Constitutional Tribunal in Warsaw after one of its 15 judges, Anna Korwin-Piotrowska, moved to suspend the court’s chairman and deputy chairman for one month.

The decision, published on the tribunal’s website on Friday evening, October 30, removed Chairman Bogdan Święczkowski and Deputy Chairman Bartłomiej Sochański from their duties temporarily. Demonstrators gathered outside the building, while President Karol Nawrocki cut short a trip to Senegal and returned to Poland for emergency meetings.

Although the confrontation does not directly alter company earnings or balance sheets, investors generally depend on functioning courts to uphold contracts, settle tax and regulatory disputes, and determine whether legislation complies with the constitution. Prolonged uncertainty over the tribunal’s authority could therefore complicate assessments of Polish sovereign risk and the legal environment facing domestic and international businesses.

Competing Claims Over the Tribunal’s Leadership

Korwin-Piotrowska said the two leaders had, among other actions, obstructed judges appointed by the Sejm in 2026 and sworn into office from participating in cases. She based her authority on a 2016 law governing the tribunal’s organization and procedures, which she said permits the longest-serving judge to take such action. She also called a general meeting of tribunal judges for November 3.

Conflicting messages then appeared through the institution’s online channels. A post on an X account bearing the tribunal’s identity alleged an “illegal seizure” of the official website and said Święczkowski and Sochański remained chairman and deputy chairman. It also claimed Korwin-Piotrowska was not a Constitutional Tribunal judge and characterized the actions as a criminal coup. The tribunal’s website, meanwhile, said the X account was not connected to the institution.

“I have no idea what this is about. Ms Anna Korwin-Piotrowska called me and said that she now runs the tribunal. I know nothing more,” Sochański told Rzeczpospolita.

Sochański described the situation as unprecedented, saying he had never heard of allegations against him and knew of no legal rule allowing his removal or such intervention in the independence of the tribunal or an individual judge. He also called the events a coup.

Prime Minister Donald Tusk backed the temporary suspension. Tusk and the Sejm are opposed to Nawrocki, who is associated with the Law and Justice party, or PiS. The prime minister said restoring the rule of law after years of illegality under PiS was a difficult and sometimes painful process requiring decisive action.

Institutional Dispute Deepens Political Uncertainty

Nawrocki said he turned his aircraft around while traveling to Senegal because of the events. After returning, he met Święczkowski and Supreme Court First President Zbigniew Kapiński. Nawrocki and Kapiński subsequently entered the tribunal building, according to presidential chief of staff Paweł Szefernaker.

Korwin-Piotrowska had said she was prepared to meet the president only at the Presidential Palace. Maciej Berek, a tribunal judge elected by the Sejm but not admitted to take the oath by Nawrocki, said the president had chosen a path of “physical confrontation” by attempting to enter the building. He also said people identifying themselves as presidential office employees attempted to obtain keys to tribunal rooms.

Warsaw police said Prosecutor General and Justice Minister Waldemar Żurek had requested particular attention to security during protests around the tribunal. Officers also received a letter from one of the judges warning of a potential threat to life and health. Police cordoned off the building but said officers were not stationed inside.

According to police, protesters threw dangerous objects at officers. Three demonstrators were detained after climbing over a barrier and entering the tribunal grounds.

Rule-of-Law Conflict Carries Financial Relevance

The dispute has developed over several months and reflects the confrontation between Tusk’s government and Nawrocki’s PiS. It began when the president refused to accept the oaths of new judges elected by the current parliament. Święczkowski also declined to recognize their authority or permit them to hear cases.

The government considers the tribunal illegitimate because it still includes judges chosen by the previous authorities. The governing coalition and judges supporting its position regard Nawrocki’s conduct as unlawful obstruction of a state institution.

On October 30, Żurek said he had filed five applications with the Constitutional Tribunal seeking the removal of immunity. He said the applications concerned, among others, Święczkowski and Sochański.

For financial-market participants, the key issue is whether the competing authorities can establish a clear and durable framework for constitutional review. Until that happens, companies may face greater difficulty evaluating the enforceability of policy changes, while shareholders and creditors could place increased emphasis on political and governance risks in earnings guidance, investment decisions and valuations involving Poland.