Prosecutor Michał Ostrowski has initiated an investigation into an alleged coup d’état involving high-ranking members of the current government, including Prime Minister Donald Tusk. The probe follows a formal notification submitted by President of the Constitutional Tribunal Bogdan Święczkowski, who alleges that several key figures—among them the speakers of both parliamentary chambers, certain judges, prosecutors, ministers, and Tusk himself—committed the crime of an attempted coup.
While critics in the ruling camp have tried to dismiss the notion of a coup as unfounded—claiming that “there are no tanks on the streets”—the investigation continues to gain momentum. The question at the core of the inquiry is whether there is any concrete evidence that Tusk attempted to “forcibly change the constitutional order.” According to Professor Przemysław Czarnek, a ruling party MP, “there are at least two” such pieces of evidence, possibly more.
First Allegation: Prosecutorial Appointment
Professor Czarnek pointed to what he views as the first foundation for the charges: Tusk’s positive response to a request from Ombudsman Adam Bodnar to appoint Paweł Korneluk as the National Prosecutor (Prokurator Krajowy). At the time, Dariusz Barski was already serving in that role, having not been formally dismissed due to the lack of a presidential decree.
“Donald Tusk signed off on Bodnar’s request to appoint Paweł Korneluk to a position that was already occupied by Dariusz Barski,”
– Prof. Przemysław Czarnek said.
Czarnek argues that Tusk’s endorsement of Korneluk disregarded the legal standing of Barski and the requirement for presidential approval, thereby ignoring constitutional processes.
Second Allegation: Controversial Budget Bill
The second piece of evidence, according to Czarnek, involves the 2025 budget bill. Tusk reportedly signed the proposal and submitted it to the Sejm (Polish Parliament) at the end of September 2024. Unlike ordinary legislative proposals, budget bills carry additional implications; if no final budget law is enacted, the bill’s provisions can still influence the state’s financial operations.
“When it comes to the budget bill, even if Parliament fails to enact it or if the Constitutional Tribunal finds it unconstitutional, the government can still operate financially based on that proposal,” – Prof. Przemysław Czarnek has stressed.
Czarnek alleges that this proposed budget effectively disregards the existence and funding for the National Council of the Judiciary (KRS), the Constitutional Tribunal (TK), and parts of the Supreme Court (SN). By targeting these institutions in what he calls a “starvation budget,” Czarnek contends Tusk may be breaching Article 127 of the Polish Penal Code, which addresses acts aimed at overthrowing the constitutional order.
Ongoing Legal and Political Ramifications
The investigation is still in its early stages, and it remains to be seen whether the allegations will result in formal charges against Prime Minister Tusk. Nevertheless, the affair has already deepened political divisions and further polarized the national discourse. Officials in the government maintain that the accusations are politically motivated and lack credibility, while opponents argue that the constitutional crisis is deepening under the current leadership.
For now, Prosecutor Ostrowski’s team will continue gathering evidence to determine whether these claims have legal standing. If the investigation advances, the potential implications for Tusk’s administration—and for Poland’s political stability—could be significant.