It’s not a coup: Tusk is right to reclaim Poland’s Constitutional Tribunal, but wrong in how he does it
Poland's Constitutional Tribunal faces a significant rule-of-law crisis following a contentious operation where seven judges, previously blocked by President Karol Nawrocki, were sworn in. This event, interpreted by some as a coup attempt, aimed to restore the tribunal's legality rather than seize control. The situation stems from a political struggle initiated in 2015 when the ruling Law and Justice party appointed judges to already filled positions, compromising the tribunal's independence. European courts have criticized the tribunal's legitimacy, with the EU's highest court declaring it not impartial due to irregular appointments. The European Commission emphasized that the president's refusal to swear in judges elected by parliament constitutes an abuse of power, undermining the rule of law.
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