Tusk said the judges recently elected by parliament had been chosen lawfully and accused Nawrocki of shirking his constitutional duties by refusing to receive their oaths.
Maciej Berek, who was elected by lawmakers in September as a Constitutional Tribunal judge, took his oath on Wednesday in the presence of lower-house Speaker Włodzimierz Czarzasty and upper-house Speaker Małgorzata Kidawa-Błońska.
Berek used wording stating that he was taking the oath "before the president."
He subsequently submitted a written version of the oath, with his signature notarised, to the presidential office.
Berek and other judges elected by the current parliament later went to the Constitutional Tribunal, where they met with its head Bogdan Święczkowski.
Święczkowski said Berek had not established "an official judicial relationship" and would not be allowed to hear cases until the president's position on his oath had been obtained.
Meanwhile, scuffles broke out between police and protesters gathered outside the Tribunal, including activists from the so-called Border Defence Movement and members of pro-opposition groups known as Gazeta Polska clubs. Protesters attempted to block access to the building.
In a video posted on X, Tusk said the events outside the Tribunal, including what he called an attempt by "usurpers" to block duly elected judges, as well as clashes and disturbances, recalled what he said his government had been fighting against for the past three years.
“Three years ago, Polish voters decided to remove from power those who violated the constitution, broke the law and persecuted citizens in violation of legal, ethical and moral standards," Tusk said.
He said his government had sought from its first days in office to restore the rule of law in Poland and would continue doing so "step by step."
Tusk said the newly elected Tribunal judges had been chosen "in accordance with the law, the Constitution and good practice," while Nawrocki's refusal to receive their oaths meant that the president was "renouncing the duties" imposed on him by the constitution.
Tusk said Poland had operated for too long without a properly elected Constitutional Tribunal and that his government would therefore restore the country's legal and constitutional order "by the means available to the state," citing both legal authority and what he described as the national interest.
"Nobody is interested in scenes or aggression between Poles, but there is no doubt that the state exists to ensure that everyone respects the law and the constitution," Tusk said.
He added that "nobody in Poland — not even the president — has the right to put the interests of citizens or the state at risk."
Tusk said the police, prosecutors and other state agencies would act calmly and consistently to restore order.
He also said the newly elected judges would receive state protection and would soon be able to begin their regular work at the Constitutional Tribunal.
Czarzasty, explaining why Berek's swearing-in had been held in parliament, referred to an opinion published on Tuesday by the Venice Commission, the Council of Europe’s advisory body on constitutional law.
The panel said that completing the oath-taking without the physical presence of the president was possible provided that essential elements of the procedure were preserved, including taking the oath in the prescribed form, properly verifying that it had been taken and directing and transmitting it to the president.
Nawrocki rejected Berek's swearing-in.
"I don't know before whom Berek took the oath, but certainly not before me," Nawrocki said. "And if he did not complete this obvious formality, then he certainly is not a Constitutional Tribunal judge."
Berek was elected by parliament on September 4.
The dispute over the swearing-in of Constitutional Tribunal judges dates back to the spring.
In March, parliament elected six new judges. Nawrocki invited two of them, Magdalena Bentkowska and Dariusz Szostek, to take their oaths in his presence.
The other four—Krystian Markiewicz, Marcin Dziurda, Anna Korwin-Piotrowska and Maciej Taborowski—were not invited by the president. Presidential officials argued there had been procedural errors in their election.
The four took their oaths in parliament on April 9, using the formula referring to the president, and later submitted written copies to the president’s office.
They did not assume their posts. Święczkowski said their parliamentary ceremony could not be recognised as an oath taken before the president.
In June, parliament elected Sławomir Patyra as a Constitutional Tribunal judge. After being invited by Nawrocki, he took his oath in the president's presence in late July.
Patyra subsequently said he would not participate in any tribunal proceedings until the four judges elected in March were allowed to hear cases.
Berek was elected by parliament on September 4. He had previously served as a minister overseeing implementation of government policy.
Before Berek’s election, the president’s office raised questions about whether he met the formal requirement of having 10 years of professional experience as a legal adviser.
Berek has rejected the idea that the president has the power to verify parliament's decision to elect a Constitutional Tribunal judge.
He has said records from the regional chamber of legal advisers show that he was admitted to the profession in 2002 and has held professional qualifications since then.
Justice Minister Waldemar Żurek said on Tuesday that the state must do everything necessary to ensure that the Constitutional Tribunal "starts operating in accordance with the law."
On Wednesday, he said he expected the court to be "rebuilt as an institution serving citizens."
The Constitutional Tribunal dispute reflects a broader conflict over the rule of law and judicial institutions between the centrist government of Prime Minister Donald Tusk and the previous right-wing administration.
The Constitutional Tribunal is tasked with adjudicating on the compliance of laws with the country's constitution.
However, the panel has faced significant criticism in recent years. Its legitimacy has been questioned due to a series of contentious judicial appointments made under the previous government.
Several Polish judges' associations, along with some international judicial organisations and constitutional law experts, have labelled it a "puppet court."
Critics such as former tribunal head Andrzej Zoll have argued that some of these appointments violated the Polish constitution.
Zoll contended that the tribunal's current composition includes individuals improperly selected, undermining its ability to function in a fully constitutional capacity.
In December last year, the Court of Justice of the European Union ruled that Poland's Constitutional Tribunal had violated fundamental principles of EU law and could not be considered independent or impartial.
The Luxembourg-based court said the tribunal had been compromised by "serious irregularities" in the appointment of three judges and its president, adding that those flaws undermined the rule of law.
Tusk said at the time that the ruling by the EU's top court gives his government the green light to "try to fix" the tribunal after years of legal turmoil under the previous administration.
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Source: IAR/PAP, TVP Info