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Europe Today: crise au Tribunal constitutionnel polonais entre Tusk et Nawrocki

Le président polonais Karol Nawrocki saisit le Tribunal constitutionnel pour rétablir la juge conservatrice suspendue, tandis que le gouvernement Tusk nomme de nouveaux juges et que la police affronte des manifestants. Les deux camps réagissent, l'Ukraine se prépare à l'hiver et Ebola en crise.

LIRE L’ARTICLE : http://fr.euronews.com/2026/11/02/pologne-tusk-et-nawrocki-au-coeur-de-la-crise-du-tribunal-constitutionnel

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00:05Sous-titrage Société Radio-Canada
00:30Karol Navrotsky forced his way into the Constitutional Tribunal amid clashes between riot police and anti-government protesters.
00:39Navrotsky and supporters are demanding the reinstatement of a conservative top judge
00:43whose suspension is backed by Prime Minister Donald Tusk's pro-EU government.
00:49Mass demonstrations in Germany that passed largely peacefully turned violent as night fell on Saturday
00:55and rioters faced off against police in Frankfurt, Cologne, Hamburg and Berlin.
01:01The protesters demanded better education and lower living costs.
01:05Authorities made arrests and used water cannons to break up the crowds.
01:09Rioters threw molotov cocktails and set of fireworks,
01:13with police maintaining a visible presence after the streets had emptied on Sunday.
01:18And China has shown no interest in holding a three-way summit with Russia and the United States on Ukraine.
01:25That's according to German President Frank-Walter Steinmeier in an interview broadcast last night
01:31following Steinmeier's meeting with Chinese President Xi Jinping in Beijing.
01:36China considers Ukraine a purely European affair, Steinmeier said.
01:40The three-way summit was proposed by Vladimir Putin and had the backing of Donald Trump.
01:45Welcome to the program. I'm Stefan Grobe.
01:49Poland is facing a deepening constitutional crisis with the government and the presidency
01:55locked in a bitter battle over who controls the judiciary.
01:59The government under Donald Tusk says it is restoring the rule of law.
02:04President Karol Nawrowski's camp accuses it of trying to seize the courts.
02:09So who is really undermining Poland's democracy?
02:12And can this confrontation be resolved before it spirals further?
02:17We're going to hear from both sides of the issue.
02:20First, I'm joined by Michal Wawrekiewicz,
02:23a member of the European Parliament for the European People's Party, the party of Donald Tusk.
02:28Good morning and thanks for coming on.
02:31Good morning. Thank you for having me.
02:33So we've now seen an extraordinary confrontation with newly elected judges entering the tribunal,
02:41the president of the court being challenged and President Karol Nawrowski personally intervening.
02:47Who actually has the legal authority to decide who sits on the tribunal and who runs it?
02:53We are facing the huge constitutional crisis in Poland, in the Constitutional Court of Poland since 2015,
03:03when the Law and Justice Party started the government and they brutally assaulted the Constitutional Court.
03:12Since that time, we had a lot of violations and this situation was challenged by all possible courts.
03:22Also, European courts, European courts of human rights and the court of justice.
03:26And they all confirmed that what has happened in 2015, 2016 and later on, that was the violation.
03:35Now we are the government of Donald Tusk and the majority in the parliament
03:40and the judges who were elected by the parliament are trying to restore the rule of law in the parliament.
03:47And what we have seen is that on Friday, newly elected judges entered the Constitutional Court
03:58and Judge Anna Korvin-Piotrowska ordered the suspension of two judges,
04:06the president and the vice president of the Constitutional Court,
04:10who were appointed by the Law and Justice Party.
04:13So, Michal, let me ask you this.
04:17The government says it is restoring judicial independence after years of political weaponization
04:22under the Law and Justice Party.
04:24But isn't the government now doing exactly what it accused law and justice of doing,
04:29using political power to reshape the judiciary?
04:33Definitely not.
04:35The government, the majority in the parliament and the judges elected by the parliament are acting
04:42according to the rulings of the European courts, of the Court of Justice and the European Court of Human Rights,
04:49according to what Venice Commission confirmed just two weeks ago,
04:53and according to the interim measure which was issued on the 5th of May this year,
04:59allowing these judges to enter the Constitutional Court.
05:02They were blocked by the president and the vice president of the court,
05:06and that's why Judge Anna Korvin-Piotrowska decided to suspend these two judges,
05:14the president and the vice president of the court.
05:15And that is what happened on Friday.
05:18And later on, in the night, what we have seen was the brutal assault of the president of the republic,
05:26who entered, using force, entered the building of the Constitutional Court,
05:31and using the force, almost damaged the judges standing in front of the court.
05:38So, this is what we have seen.
05:40That was the brutal assault of the president of the republic on the independence of the Constitutional Court.
05:46So, the European Commission says the same, the parliament,
05:50has the constitutional power to appoint judges to the Constitutional Tribunal.
05:54Does that settle the argument?
05:57Yes, definitely.
05:59The only competent authority in Poland to appoint judges of the Constitutional Court is the parliament,
06:06the lower chamber of the parliament in Poland.
06:09The president does not have any competences to appoint judges.
06:15That's why the only right is on the side of the parliament and the government
06:20and the judges who were elected properly by the parliament.
06:23So, we are facing the enforcement of law,
06:28the restoring of the rule of law,
06:29and independence of this most important Constitutional Court in Poland.
06:34And what is the concrete way out of this crisis now?
06:38And what would it take to secure some sort of cross-party recognition of the tribunal?
06:44Well, the consistency of all of the actions in the next days, in the future.
06:50Tomorrow, there is an assembly, general assembly, of all judges of the Constitutional Court,
06:56and they will decide upon the future of the Constitutional Court.
07:00This is the only competent body in the Constitutional Court to decide about the future of the Constitutional Court,
07:10of the judges, and of the suspended president and vice president of the court.
07:16If Tusk and Nawrotsky refuse to back down, who actually has the power to stop this crisis?
07:24Well, this crisis, as I said, started back in 2015.
07:30This year, President Nawrotsky, who is trying to block all of the restoration of the rule of law,
07:36all of the implementation of the rulings of the European courts,
07:40which is the most important because these rulings are drawing the roadmap,
07:46how to get out of the crisis, but President Nawrotsky needs and wants to keep the power of his political
07:55camp
07:56over the Constitutional Court.
07:58So this is the fault of President Nawrotsky and his camp,
08:02that they don't want to restore the rule of law.
08:05They want to keep the political power over the Constitutional Court.
08:09That was the politically manipulated theater of puppets for 10 years, and they want to keep it.
08:17This is quite an extraordinary crisis.
08:20I can't remember anything like it in any other EU country.
08:24Are you worried that this story sort of harms the international, the European reputation of Poland?
08:33Our European friends deeply understand the situation in Poland,
08:38because they are facing this situation for many years.
08:42And this situation, and also in other parts of the judiciary,
08:46was discussed, debated in the parliament, in other institutions of the European Union many times.
08:52So I truly believe that they understand this situation,
08:56and they understand that the government of Donald Tusk is trying to restore,
09:01rebuild the rule of law in Poland.
09:05And we will be fully consistent in that way.
09:08And I believe we will do that.
09:11You are right that this is an unprecedented situation,
09:14not only in Poland, but in the whole Europe.
09:16Never happened before.
09:18But we are where we are, and we need to act on the battlefield where we are.
09:24All right, Michal Wawrejkiewicz, member of the European People's Party in the European Parliament.
09:29Thank you very much.
09:30Now I want to hear from the other side of the issue.
09:34And to do this, Polish Secretary of State and advisor to President Nawrowski,
09:38Marcin Pszedacz, joins us now.
09:40Good morning to you.
09:42Good morning.
09:43Very good morning.
09:44Hello, sir.
09:44So the government says it is trying to restore the tribunal's independence after years of political interference.
09:51President Nawrowski says the government is trying to take control of the court.
09:55Which side is defending the Constitution?
09:58Well, definitely restoring any kind of rule of law which the government claims should not be done
10:07by the 3,000 riot police entering the premises of the Constitutional Tribunal.
10:13And that is what happened in the evening of Friday when people in Poland were heading towards their families out
10:23of Warsaw for the All Saints Day.
10:25It was a very quiet in the capital of Poland evening.
10:30President was on his way to Senegal.
10:32And suddenly we learned that Prime Minister Tusk sent 3,000 riot police troops in order to, as they say,
10:43clean the Constitutional Tribunal without any legal basis for that.
10:49Of course, there is a crisis.
10:50Of course, there is a dispute over that.
10:53But even the lawyers who are very close to the liberal government says that there is absolutely no legal basis
11:02for such a behavior of the government.
11:05What's more, the president of the Supreme Court and the president of the National Administrative Court,
11:11so the two most important judges in Poland,
11:14they also said publicly that there is absolutely no legitimate basis for such a behavior of the government.
11:21So that's why we are in such a crisis now in Poland.
11:24Sir, I mean, we all saw the scenes where President Nawarovsky entered the building, the tribunal building.
11:32Critics described the visit as a PR stunt to exert pressure on the court.
11:37Why did the president decide to intervene in person?
11:41And what exactly was he trying to achieve?
11:44Well, according to the Polish constitution,
11:47the president of the Republic of Poland is the guard of the constitution.
11:52So whenever he sees that the constitution is violated, he is obliged to react.
11:58But before going to the tribunal, he went to his own palace,
12:02invited the president of the Supreme Court in order to learn his perspective,
12:08in order to learn an expertise on that.
12:10What's going on and how should he treat that?
12:12The president is the head of state with a very strong, strong,
12:19he's a legitimized leader, I mean, with a very strong mandate.
12:23More than 10 million people voted directly for him,
12:26but he wanted to learn the perspective of the legal perspective.
12:31After learning that it's all illegal,
12:35he went there in order to first learn on the basis what's going on there,
12:39the second, to help the legitimate president and the deputy president of the tribunal
12:46enter the building in order to restore the order.
12:50Unfortunately, he was blocked by those appointees of Prime Minister Tusk
12:58who are claiming that there are judges.
13:00But as Prime Minister Tusk publicly said, these are his judges.
13:05So Prime Minister Tusk says, these are my judges.
13:08We believe that there shouldn't be any my, his or their judges.
13:13There should be legitimate legal judges, not Tusk's judges.
13:17Okay, sir, are President Nawrowski and Prime Minister Tusk now effectively fighting a constitutional war?
13:24Well, as I said, there is a constitutional crisis, definitely.
13:29And the people of Poland gathered in front of the tribunal protesting against that kind of situation,
13:36mostly protesting, of course, against the entrance of police.
13:41They do, there are evidence that there is a crisis.
13:46What President Nawrowski said and did after that,
13:49he invited all the political parties to the palace in order to talk,
13:53because we believe that in democracy, it is the dialogue which may solve the crisis.
13:59The problem is that Prime Minister Tusk was not eager to really talk.
14:07He just issued his statement through the public television,
14:12saying that he will not step back from that and he will only keep the police there in the constitutional
14:20tribunal.
14:21So all the other parties are very much eager to talk and to consult.
14:25And there is one main message coming from all the parties.
14:29It cannot be like this.
14:30There is a need for any kind of restart of a situation.
14:34So we do believe that based on that, we will build something positive.
14:39All right, Polish Secretary of State and Presidential Advisor Marcin Pschedasz,
14:43thank you very much this morning.
14:46Almost 5,000 dead, more than 10,000 infected.
14:50The Ebola epidemic in the Democratic Republic of Congo is escalating.
14:54Yet the international response is struggling to keep pace.
14:58The elders, a group of former world leaders founded by Nelson Mandela, are demanding urgent action.
15:05Earlier, I spoke to one of their most influential personalities, former Irish President Mary Robinson.
15:10And I started by asking her whether we're witnessing a global health emergency
15:14that the world is simply choosing to ignore.
15:18Here's what she said.
15:19It's really tragic what's happening because this is the fastest moving Ebola.
15:2410,000 cases and about 50% mortality, which means more than 5,000 people have died.
15:32But worse than that, they're not able to follow up on the contacts because of the situation in the Democratic
15:39Republic of Congo.
15:40Of course, I know it well from my time as mediator for the Great Lakes in Africa, for the UN.
15:45And there is an urgent need for resources to help with contacts, to help the health workers, the frontline health
15:53workers,
15:54and to help with humanitarian access, etc.
15:57It has now spread.
15:59There are some cases also in Kenya, in Uganda, in Nigeria and France.
16:04So it is very dangerous because of the fact that they are not able to trace the contacts.
16:11And much less than in the Ebola in 2014, for example.
16:15And this is very worrying.
16:17So the elders are calling for more international action.
16:21What exactly are you demanding?
16:23Is it more money, more medical personnel, or a totally different international approach to this crisis?
16:30We're so worried that we actually wrote an open letter to the G20 because 3 billion euros was pledged,
16:40but only a billion is being released.
16:43And of course, the G20 includes members of the EU.
16:47So we ask for the release of the funds that were pledged and are needed really urgently.
16:52And this should include specific funds to protect, pay, and support health workers and community leaders
16:59for village centres' responses to the frontline and funds for humanitarian early recovery needs.
17:06It also calls for guaranteed fair access to approved vaccines and treatment for priority groups.
17:12First, to counter mutation risks, because there is a mutation risk, apparently,
17:17and particularly in the DRC, and address the security dimension of the crisis
17:23by pressurising armed groups in the DRC and neighbouring countries with influence
17:28to allow safe access for health and humanitarian workers.
17:32They're the main calls that we make in that open letter.
17:37It was really very worrying, as I said, to see how quickly this is spreading,
17:42how high the mortality rate is, and that, you know, only a billion of the three billion pledged
17:49has actually been released to address it.
17:53So you've been a leading international voice for human rights and international global justice.
17:59This is kind of a tough question.
18:02Is the impression right that the international community treats African lives
18:08as less valuable than European and American lives?
18:11I'm afraid it is a tough question, but you have to feel that, you know,
18:16the lives of those who are invisible to us, they're poor,
18:21they live in remote areas that are under difficulty of militias and armed groups,
18:26and we don't care enough.
18:28We don't care enough. That's true.
18:30And are Western governments guilty of complacency here,
18:34or are they simply overwhelmed by the magnitude of the crisis and shrinking aid budgets?
18:42I think there are a number of factors that distract governments,
18:46but the point we're making is this is dangerous.
18:49If you have a highly communicable disease and you're not able to trace the contacts
18:55because you don't have the resources to do it, it will spread further.
18:59And this could be really serious, particularly for African countries,
19:02but then it will spread to Europe.
19:06Former Irish President Mary Robinson on the growing Ebola crisis in Africa.
19:11More news today on all our platforms until we see each other again tomorrow.
19:18That's it for today.
19:19I thank you for watching.
19:20I'm Stefan Grobe.
19:21Take care.
19:43I thank you for watching.
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