Poland freezes $137 billion in EU funds as court crisis deepens

Poland’s constitutional crisis intensified this week as a dispute over the highest court triggered a direct clash between the government and the presidency.

The conflict centers on the composition of the Constitutional Tribunal. Prime Minister Donald Tusk’s center-left Civic Coalition, elected in 2023, pledged to restore the court's independence after eight years of rule by the far-right Law and Justice party (PiS). President Karol Nawrocki, a PiS member elected separately last year, holds a constitutional role with limited executive power but has become a key obstacle in the process.

Tension erupted on Friday when Tusk moved to replace Chief Justice Bogdan Święczkowski. Święczkowski had been appointed by the previous government and refused to allow a new judge, Maciej Berek, to take his seat. Berek, a close ally of Tusk, was approved by parliament but blocked from the court amid scuffles in Warsaw. Tusk’s government subsequently suspended Święczkowski and his deputy.

Nawrocki responded by describing the move as a forcible takeover of a constitutional body. He abandoned a trip to Africa, ordering his plane to turn around so he could return to the Tribunal. The president, a vocal supporter of US President Donald Trump, has previously suggested naming a new US military base in Poland “Fort Trump.” Trump endorsed Nawrocki in September, stating that the new president is doing a fantastic job.

The dispute has financial and international implications. The European Commission froze $137 billion in EU funding for Poland over concerns regarding judicial independence. The EU warned in 2021 that PiS actions posed a systemic risk to the rule of law. Nawrocki has refused to swear in three of six judges nominated by parliament, maintaining a deadlock that has now turned into an open confrontation.

Analysts question the legality of Tusk’s actions. Alberto Allemano, a law professor at HEC Paris Business School, noted that while the suspension was not a coup, restoring the rule of law must be done lawfully. He argued that the government is trying to repair an institution captured under PiS, while the opposition strives to retain control through illegal means. US Ambassador Tom Rose warned that thousands gathering outside the tribunal make the situation combustible, urging all parties to avoid provoking violence.

Security concerns loom large as Poland faces threats from the war in Ukraine and alleged Russian sabotage attacks. Tusk stated on Saturday that his opponents find support among pro-Russian forces. Fresh elections are scheduled for next year, with the constitutional order and Poland's direction toward European integration central to the agenda.