{"id":41728,"date":"2026-11-04T10:27:35","date_gmt":"2026-11-04T09:27:35","guid":{"rendered":"https:\/\/ordoiuris.pl\/komentarz\/zamach-stanu-po-trybunale-przyjda-po-sad-najwyzszy\/"},"modified":"2026-11-04T11:58:38","modified_gmt":"2026-11-04T10:58:38","slug":"coup-detat-in-poland-after-the-constitutional-tribunal-they-will-come-for-the-supreme-court","status":"publish","type":"komentarze","link":"https:\/\/ordoiuris.pl\/en\/comments\/coup-detat-in-poland-after-the-constitutional-tribunal-they-will-come-for-the-supreme-court\/","title":{"rendered":"Coup d\u2019\u00c9tat in Poland: After the Constitutional Tribunal, They Will Come for the Supreme Court"},"content":{"rendered":"\n

Since Friday evening, a coup d\u2019\u00e9tat has been under way in Poland. The gate of Poland\u2019s Constitutional Tribunal has been chained shut, units of masked police officers have taken up positions around it, and people who have never taken the oath of office before the President entered the building from the side of the Chancellery of the Prime Minister \u2013 with the consent of its head, Jan Grabiec. A usurper announced that she would direct the work of the Tribunal and \u201csuspended\u201d its lawful President, who could not pass through the Tribunal\u2019s gate, as he was being unlawfully held back by police cordons. On Saturday, I addressed the Poles gathered in front of that gate and saw with my own eyes the police units in white helmets and with shields.<\/strong><\/p>\n\n\n\n

In recent days, our lawyers have shown that they are reaching opinion leaders around the world with reliable information about the coup. We all changed our plans for All Saints\u2019 Day. We sent hundreds of letters to think tanks and friendly politicians, and we gave interviews to media from the United States, Canada, Norway, Switzerland, Belgium, France, Hungary, the Czech Republic\u2026 But that is not all. Our attorneys are once again defending detained patriots. Through a series of rapid interventions, they have proven that they can effectively protect protesters detained by the police outside the Tribunal.<\/p>\n\n\n\n

Trained protesters knew what to do<\/h4>\n\n\n\n

Last weekend, Andrzej, Dariusz and Piotr entered the grounds of the Tribunal with a white-and-red flag, stood still and sang the national anthem. They were detained on charges of \u201ctrespass.\u201d We know how a detention ends when people are unprepared. We all remember the case of Piotr W.<\/a> \u2013 handcuffs, refusal of access to a lawyer, custody\u2026 This time, too, one of the three protesters ended up in the hospital after being detained. Three of our attorneys shuttled between the police station and the hospital until late at night so that none of the detainees would be left without a defense lawyer. I would rather not think how this would have ended without them.<\/p>\n\n\n\n

Fortunately, a few days earlier we had organized legal training for those protesting outside the Tribunal. The detainees knew that they were to demand contact with an Ordo Iuris attorney. That is what they did. This helped immensely in mounting an effective and swift defense. As a result, the three brave patriots who sang the national anthem on the Tribunal\u2019s grounds have already returned home. All three were the first victims of the unlawful assault on the Tribunal. The offense of \u201ctrespass\u201d is prosecuted at the request of the lawful host of the premises. The host of the Tribunal is not the self-proclaimed usurpers, but its President, Bogdan \u015awi\u0119czkowski, who publicly invited the protesters. We will prove this in court, providing free legal assistance to each of the detainees.<\/p>\n\n\n\n

The assault on the Tribunal continues, but those in power are already preparing further blows against our democracy and the law. Thanks to the support of the Friends<\/a> and Donors<\/a> of Ordo Iuris, we can protect the protesters and also ensure that the evidence of the coup is collected and brings those responsible to the dock. At the same time, our team of analysts has been continuously reporting on the events of recent days \u2013 not only in Polish but also in English \u2013 in order to bring the truth about what is happening in Poland to the foreign media whose opinion matters so much to Donald Tusk.<\/p>\n\n\n\n

The culmination of this work was the signing, outside the Tribunal, of a joint statement<\/a> by legal and civic organizations containing specific demands addressed to the government and to the usurpers in judicial robes. Since Saturday, the coalition of non-governmental organizations has grown by several dozen entities, and further signatories can still join by signing the statement on the website obronic-trybunal-ngo.pl<\/a>. Our experts have already begun collecting the data needed to draw up ready-to-file motions to the State Tribunal \u2013 the Polish body that tries top state officials for constitutional violations \u2013 concerning all those responsible for the assault on the Tribunal.<\/p>\n\n\n\n

The full mobilization of dozens of lawyers, of our communications team and of the experts essential to our effectiveness is possible only thanks to the generosity of the Friends<\/a> and Donors<\/a> of Ordo Iuris.<\/p>\n\n\n\n

As a result, the great movement in defense of the law and the Constitution has an effective support base that guarantees security and makes it possible to give this social movement concrete proposals and demands.<\/p>\n\n\n\n

The Supreme Court is next<\/h4>\n\n\n\n

Roman Giertych \u2013 a member of the Sejm, Poland\u2019s lower house of parliament, from the ruling coalition \u2013 wrote on Saturday, October 31, at 8:31 p.m.:<\/p>\n\n\n\n

\u201cThe violence and impotent ineptitude displayed by Karol Nawrocki have discredited him. From the myth of a great tough guy, he has become a #DamskiBokser [#WomanBeater]. Now it\u2019s time for the Supreme Court.\u201d<\/em><\/p>\n\n\n\n

The First President of Poland\u2019s Supreme Court, Zbigniew Kapi\u0144ski, assessed this unequivocally and, in an interview with Radio Zet on Monday, stated that the current authorities are planning \u201canother forcible takeover, this time of the Supreme Court.\u201d The judge added that such a situation had not occurred in Poland since the imposition of martial law under communist rule in the early 1980s. He asked with emotion: \u201cIs this supposed to be a truncheon tribunal? A police tribunal? A martial-law tribunal?\u201d<\/p>\n\n\n\n

Judge Kapi\u0144ski is not a politician. During the night from Friday to Saturday, he entered the Tribunal building together with President Nawrocki and saw for himself who is \u201cdirecting\u201d the constitutional court today, and on what terms. His clear position carries great weight for many Poles and for foreign observers.<\/p>\n\n\n\n

Why do they want the Tribunal and the Supreme Court?<\/h4>\n\n\n\n

To understand what may lie ahead, it is enough to point to a few provisions of the Polish Constitution. Under Art. 131, it is the Constitutional Tribunal, at the request of the Speaker of the Sejm, that decides whether there is an obstacle preventing the President of the Republic from holding office. If the Tribunal finds that the President cannot exercise his office, his duties are taken over by the Speaker. Today, that is W\u0142odzimierz Czarzasty \u2013 the same man who organized the substitute \u201cswearing-in\u201d in the Sejm for the persons who seized the Tribunal on Friday. And from Speaker Czarzasty taking over the duties of the President, it is only one step to the actual suspension of democracy in Poland.<\/p>\n\n\n\n

Under Arts. 228\u2013230 of the Constitution, the President introduces martial law or a state of emergency at the request of the Council of Ministers. No elections are held while these states are in force or for 90 days after they end. In turn, Art. 188 of the Constitution provides that the Tribunal rules on the conformity of the aims and activities of political parties with the Constitution. A government-controlled \u201cTribunal\u201d could ban an opposition party. Meanwhile, Arts. 101 and 129 entrust the Supreme Court with ruling on the validity of elections to the Sejm and the Senate and on the validity of the election of the President. Whoever controls the Tribunal and the Supreme Court decides whether the President may hold office, which parties may operate and whether next year\u2019s parliamentary elections will take place \u2013 and, if so, whether they will be valid. That is what is at stake in this coup.<\/p>\n\n\n\n

Legal authorities speak with one voice<\/h4>\n\n\n\n

A coup d\u2019\u00e9tat? Such a strong statement is no longer merely the assessment of Ordo Iuris lawyers. Within a few days, many independent experts have taken a firm stand \u2013 including people whose opinions Donald Tusk\u2019s government has itself relied on:<\/p>\n\n\n\n