The European Commission is closely monitoring the escalating situation surrounding Poland’s Constitutional Tribunal, where a standoff has emerged over the appointment of new judges. Brussels stressed that the Polish parliament has the constitutional authority to elect members of the court, and that the authorities must ensure it can function properly.
A European Commission spokesperson said this in comments to Euronews.
“The Polish authorities must ensure that the Constitutional Tribunal can operate in accordance with the Constitution of Poland and in compliance with the relevant case law of the Court of Justice of the European Union. The appointment of eight new members of the Constitutional Tribunal falls within the constitutional powers of the Sejm, Poland’s parliament,” the spokesperson said.
He also recalled a ruling by the European Court of Human Rights of 5 May 2026. According to it, the Polish authorities must not obstruct judges elected by the Sejm in March 2026 from taking office and carrying out their duties.
Meanwhile, the co-chairs of the European Conservatives and Reformists (ECR) group on Saturday condemned the actions of the Polish government and expressed support for the country’s President, Karol Nawrocki.
ECR co-chair Nicola Procaccini called the actions of Donald Tusk’s government a serious breach of the rule of law.
“The actions of the Tusk government constitute a clear and serious breach of the rule of law. We condemn this attack on the independence of the judiciary and Poland’s constitutional safeguards. No government is above the law,” he said.
The dispute over the legitimacy of Poland’s Constitutional Tribunal has been going on for more than ten years. It began in 2015 amid a conflict between the then governing party, Civic Platform, and the opposition Law and Justice party over the appointment of five judges.
Subsequently, the standoff developed into a broader political and legal dispute over judicial independence, the composition of the Constitutional Tribunal, and the legal force of its rulings.
Context
- The crisis intensified after the temporary suspension from duties of the President of the Constitutional Tribunal, Bogdan Święczkowski, and his deputy, Bartosz Sochański. The institution began to be led by Judge Anna Korwin-Piotrowska, whom President Nawrocki refused to swear in, not recognising her as a legitimate judge.
- Nawrocki described Święczkowski’s suspension as a violation of the constitutional order and a forceful takeover of a state body. Clashes broke out between protesters and law enforcement officers outside the Constitutional Tribunal building.
- Against the backdrop of the escalating crisis around Poland’s Constitutional Tribunal, former Prime Minister Mateusz Morawiecki proposed a vote of no confidence in Donald Tusk’s government. He also called for the formation of a temporary technocratic government led by former Speaker of the Sejm Marek Jurek until new elections are held and a parliamentary majority is formed. To pass a vote of no confidence, the support of at least 231 members of the Sejm is required.